ORD 38863 Notre Dame Apartments TIF AgreementCity of Omaha
Jim Suttle, Mayor
Honorable President
I•
and Members of the City Council,
'i '
October 19, 2010
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1100
Omaha, Nebraska 68183
(402) 444-5150
Telefax (402) 444-6140
R. E. Cunningham, RA, F.SAME
Director
The attached Ordinance transmits a Tax Increment Financing (TIF) Redevelopment Loan
Agreement between Notre Dame Apartments, LLC and the City of Omaha which implements the
Notre Dame Apartments, LLC Tax Increment Financing Redevelopment Plan. The Agreement
calls for a redevelopment project that will convert the unused and under-utilized central and west
wings of the Notre Dame Academy and Convent located at 3501 State Street into 30 new
apartments for seniors, and that will renovate 32 apartments in the east wing of the same building
to make the units more energy-efficient.
The Redevelopment Loan Agreement authorizes the City's participation in the development by
providing $225,000.00 in Tax Increment Financing that will be used to offset the cost of the
project renovations and conversion to senior living space. The total project cost is estimated to
be $10,001,830.00.
Your favorable consideration of this Ordinance will be appreciated.
Respectfully submitted,.
Approved:
C-o Pam Spaccarotella //~
r v '<..... Finance Director v D
Plnlsfl 4 65-cover letter
10-7-!D
Date
Referred to City Council for Consideration:
l.lJ a r\ tit>-N.,() cJ a r ~
Mayor's Office
obert G. Stubbe, P.E.
ublic Works Director
ID((Q/10
Date
ORDINANCE NO. _ _____,3=----~~Y'~_,~3 __
AN ORDINANCE approving a Redevelopment Loan Agreement between the City of Omaha and
Notre Dame Apartments, LLC to implement the Notre Dame Apartments, LLC Tax Increment Financing
(TIF) Redevelopment Plan for the redevelopment project that will convert the unused and under-utilized
central and west wings of the Notre Dame Academy and Convent located at 3501 State Street into 30 new
apartments for seniors, and that will renovate 32 apartments in the east wing of the same building to make
the units more energy-efficient; to authorize the use of $225,000.00 in excess ad valorem taxes (TIF)
generated by the development to help fund the cost of the project; and, to provide 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 Loan Agreement between the City of Omaha and Notre Dame Apartments, LLC which
authorizes up to $225,000.00 in Tax Increment Financing to offset the cost of the project renovations and
conversions at the Notre Dame Academy and Convent located at 3501 State Street which has a total
estimated cost of $10,001,830.00; such authorization also includes execution of any other document in
connection with the Redevelopment Agreement necessary or appropriate to consummate the loan.
Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the
Nebraska Community Development Law Sections 18-2147 through 18-2150; and are not otherwise
obligations of the City of Omaha.
ORDINANCE NO. vf1t<J
Page 2
Section 3. This Ordinance shall be in full force and take effect immediately upon the date of its
passage.
INTRODUCED BY COUNCILMEMBER
PASSED __ N0_\/_2_-~2~0~10~_7_-Q __
Plnls/1465-ord
APPROVED BY:
~s~
(l.{'9;~ITY ATTORNEY
Io /SfftJ
DATE
ACKNOWLEDGMENT OF ASSIGNMENT BY THE CITY OF OMAHA, NEBRASKA
The City of Omaha, Nebraska ("City") hereby acknowledges receipt of the above and
foregoing Assignment of Redevelopment Agreement and Redevelopment Promissory Note (collectively,
"Redevelopment Documents") and agrees as follows:
1. The above-referenced Redevelopment Documents are subject to and governed by the
terms and provisions of the Community Development Law, §§ 18-2101 et seq., Nebraska Revised
Statutes.
2. That City will remit directly to U.S. Bank National Association those sums payable by
City pursuant to the Redevelopment Documents; and
3. To the extent that ad valorem taxes paid by the County Assessor and/or County
Treasurer of Douglas County, Nebraska, to the City in conjunction with the Project (as defined in the
above and foregoing Assignment) may be subjected to a security interest, City grants to U.S. Bank
National Association a first priority security interest in that portion of the ad valorem taxes on the
Project calculated pursuant to § 18-2147(1)(b).
Dated effective November '-/-, 2010
Approved as to form and content by Omaha
City Attorney's office.
CITY OF OMAHA, NEBRASKA,
ATTEST a
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Ass} Cc~ A+/-ord 1
ASSIGNMENT OF REDEVELOPMENT AGREEMENT
AND REDEVELOPMENT PROMISSORY NOTE
NOTRE DAME APARTMENTS, LLC, a Nebraska limited liability company (hereinafter
"Assignor"), in consideration of a loan from U.S. BANK NATIONAL ASSOCTA TTON (hereinafter
"Assignee") to Assignor, which Loan is evidenced by a Promissory Note executed on the 3rd day of
November, 2010, and its related Pledge Agreement of the same date between Assignor and Assignee, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby assign unto Assignee all of Assignor's right, title and interest in and to the following described
agreements and promissory note.
Redevelopment Agreement and Amendment to Redevelopment Agreement between
Assignor and the City of Omaha, Nebraska and Revised Redevelopment Promissory Note
in the amount of $225,000.00 from the City of Omaha, Nebraska, as borrower, and Notre
Dame Apartments, LLC, as holder (collectively, "Redevelopment Documents"). The
purpose of the Redevelopment Documents is to facilitate construction of an affordable
senior housing complex located at 3501 State Street, Omaha, Douglas County, Nebraska.
Assignor hereby authorizes the City of Omaha, Nebraska to make payable any and all
Redevelopment Promissory Note payments as follows:
Payable to:
U.S. Bank National Association
8800 West Center Road
Omaha, Nebraska 68124
Assignor does hereby represent and warrant that it has full power and authority to assign the
aforementioned Redevelopment Documents.
Assignor hereby nominates, constitutes and appoints the Assignee as the true and lawful attomey-
in-fact of the Assignor in its name, place, and stead to receive, receipt and sue for all monies due upon the
Redevelopment Documents, to endorse the name of the Assignor on all commercial paper given in
payment or in part payment thereof, and to settle, adjust, or compromise any claim thereunder as fully as
the Assignor could do itself, and that it will deliver to the Assignee all sums which may be collected by it
thereon.
This Assignment will be governed and construed under the substantive laws of the State of
Nebraska.
Dated: November 3, 2010
DOCS/1001649 2
NOTRE DAME APARTMENTS, LLC, a Nebraska
limited liability company
Dated: November 3, 2010 U.S. BANK NATIONAL ASSOCIATION
DOCS/I 001649.2
REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County, Nebraska, and Notre Dame Apartments, LLC, a Nebraska
Limited Liability Company.
RECITALS:
WHEREAS, on August 10, 2010, the City Council of the City of Omaha approved the Notre
Dame Apartments, LLC Tax Increment Financing Redevelopment Plan which provides for the
redevelopment of project that will convert the unused and under-utilized central and west wings of
the Notre Dame Academy and Convent located at 3501 State Street within a quiet Florence
neighborhood into 30 new apartments for seniors, and renovate 32 apartments in the east wing of the
same building to make them more energy-efficient; and,
WHEREAS, the Notre Dame Apartments, LLC Tax Increment Financing Redevelopment
Plan provides for $225,000.00 in TIF to offset the cost of the project renovation and conversion
estimated to be $10,001,830.00, and for the use of the excess ad valorem taxes generated by such
development; 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.
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INCONSIDERATION 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 "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 -Notre Dame Apartments, LLC.
1.3 Director" shall mean -the Director of the City of Omaha Planning Department.
1.4 "Redevelopment Project" shall mean -the redevelopment of a project that will
convert the unused and under-utilized central and west wings of the Notre Dame
Academy and Convent located at 3501 State Street within the Florence neighborhood
into 30 new apartments for seniors, and renovate 32 apartments in the east wing of
the same building to make them more energy-efficient as shown on the Site Plan
Exhibit "A-1" and "A-2".
1.5 "Redevelopment Site" shall mean -the area legally described on Exhibit "B-1" and
"B-2", attached hereto.
1.5.1 Exhibit "B-1" is the current legal description of the Redevelopment Site,
which will be converted into a Condominium Regime Units 1 and 2. See
Exhibit "B-2".
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.
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SECTION 2. OBLIGATIONS OF THE CITY
The City shall:
2.1 execute and deliver to the Owner at closing the Redevelopment Note in substantially
the same form as the copy attached hereto as Exhibit "C".
2.2 grant Redevelopment Loan proceeds to the Owner up to the sum of $225,000.00.
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:
2.4.1 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 18-2147 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 November 30, 2012, or such longer
period as the parties hereto may agree, creating an increase in real property taxable
base by reason of such construction of at least $2,064,000.00. The Owner
acknowledges that this Redevelopment Note is non-recourse and it is paid only
through the application of the Excess ad valorem taxes within the Redevelopment
Project, and that failure to complete the project in a timely fashion may impair the
Owner's ability to recapture the full amount of the principal or interest on the
Redevelopment Note.
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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 $225,000.00 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 8% 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 18-214 7 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 .4 provide the City with quarterly progress reports during the redevelopment and allow
the City reasonable access to any relevant financial records pertaining to the
Redevelopment Project.
3 .5 during the period that the Redevelopment Note (TIP Funds) is outstanding, ( 1) not
protest a real estate improvement valuation on the Redevelopment Site of
$636,000.00 or less prior to and during construction; and $2,064,000.00
($1,428,000.00 plus $636,000.00 base) or less after substantial completion or
occupancy of the renovation and conversion of the building; (2) not convey the
Redevelopment Site or structures thereon to any entity which would be exempt from
the payment of real estate taxes or cause the nonpayment of such real estate taxes; (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%) of the 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
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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 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.
4.3 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.
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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.
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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
Contract 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:
R. E. Cunningham, RA, F. SAME
Director, City Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1100
Omaha, NE 68183
Legal Service
c/o City Clerk
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha, NE 68183
(2) Owner:
Notre Dame Apartments, LLC, a Nebraska Limited Liability Company
Central States Development, LLC, attn John Foley, Managing Member,
740 South 75th Street
Omaha, NE 68114
And
Notre Dame Apartments Managing Member, Inc.
Attention Sr. Joy Connealy, President
3439 State Street
Omaha, Nebraska 68114
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 '/!Aday of ___,_~~~_t/i_f!_~ __ k~"r-____ , 2010.
ATTEST: CITY OF OMAHA:
CI~~HAAC1iN~~~61:_~~~~~===~,,,,___
APPROVED AS TO FORM:
~~~ to/~o
~JJ CITY ATTORNEY
Executed this l:Jt day of CJ C /z?kr-'2010.
CURRENT OWNERSHIP:
-8·
FUTURE OWNERSHIP:
By: Notre Dame Apartments Managing
Member, Inc., a Nebraska corporation, its
Lead Managing Member
By:~ ~~
Sr.Joye ea,~)
By: Central States Development, LLC, a
Nebraska limited liability company
Managing Member
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
John Foley, Co-Manager and the Manager of Central States Development, LLC on behalf of Notre
Dame Apartments, LLC, a Nebraska Limited Liability: CoJOny acknowledged the foregoing
Redevelopment Agreement before me this I~ day of ()a. kJLr , 2010.
GENERAL NOTARY -State of Nebraska
PHYLLIS C. PETERSON
~~!!!I My Comm. Exp. March 22, 2012
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
~ "
My commission expires on rr\ai,reh 22 1 lui Z.
Sr. Joy Connealy, Co-Manager and the President of Notre Dame Apartments Managing Member,
Inc., on behalf of Notre Dame Apartments, LLC, a Nebraska Limited Liability Company
ackn~wl~d~ed . the foregoing Redevelopment Agreement before me this _\_day of
t 1 C\'V '0-tV , 2010.
v 1t~tlit .
MARY H. HARRINGTON
MY COMMISSION EXPIRES
August 30, 2012
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DOUGLAS COUNTY, NEBRASKA
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SIDE YARD· 15' +2' FOR EACH 10' JN HEIGHT OVER45': INT SIDE YARD: 10' +2' FOR EACH 10' IN HEIGHT OVER 45'; REAR YARD: 2S; HEIGHT· 75' PARKING REQUIREMENTS FOR RESIOENTIALASStSTEO LIVING: INOEPENOANT - 1 SPACE PER DWELLING SEMl-INOEPENDANT - 1 SPACE PER 2 DWELLINGS DEPENDANT - 1 SPACE PER 4 BEDROOMS UTILITY NOTE I I I k"I •""' Q s~~ j UTILITY COMPANIES HAVE BEEN CONTACTED PER A "ONE CALL" UTILITY LOCATE, TICKET NO. 2440382 UTILITIES SHOWN ARE FROM LOCATOR'S MARKINGS OR OTHERWISE VISIBLE IN THE FIELD AT THE TIME OF SURVEY I I : :~:;,..},oTP LEGEND . -CORNERS FOUND (ill rol8d) 0 -CORNERS SET (as noled) (S) -SURVEYED DISTANCE {P) -PLAITED DISTANCE A -SURVEY CONTROL POINT @ -WATER MANHOLE @ -STORM SEWER MANHOLE ® -SANITARY SEWER MANHOlE Q') • TELEJCOMMUNICATlONS MANHOlE @ -ELEC. MANHOLE " -POWER POLE .-0 -LIGHT POLE ¢ -DECORATIVE LIGHT POLE -SPRINKLER CONTROL BOX !II -TELEPHONE PEDESTAL [l:I CABLE TV PEDESTAL [!;!) • UTILITY METER ~ ·WATERVALVE V -FIRE HYDRANT @ -BOLLARD OWNER NOTRE DAME HOUSING l TD 3501 STATE ST OMAHA NE 68112 .,,. Iii • 8 • p ~=~~l -POST INDICATOR VALVE -FIRE HYDRANT -ELECTRICAL TRANSFORMER -STORM GRA.TE INLET -DECIDUOUS TREE wltrunk size -CONIFEROUS TREE w/trunk size -FLAG POLE -PROPERTY LINE -SETBACK LINE -CHAIN llNK FENCE -PLASTIC FENCE -WATERLINE -GAS LINE -SANITARY SEWER LINE -STORM SEWER LINE -OVERHEAD TELEPHONE LINE -UNDERGROUND TELEPHONE LINE -OVERHEAD POWER LINE -UNDERGROUND POWER LINE PREPARED BY THE SCHEMMER ASSOCIATES 1011NORTH115TH. STREET, SlJITF: 100 OMAHA. NE 68154-4436 PH:402-493-4800 EMAIL: MFREDRICKSON@SCHEMMERCOM 1inch=50 ft. CERTIFICATION NOTES 1THffiE IS NO EVIDENCE OF EARTH MOVING OR BUILDING CONSTRUCTION 2. THERE 15 NO EVIDENCE OF WASTE DUMP OR SANITARY LANDFILL LAND AREA GROSS LANO AREA= 5.15AC .• 224,453.57 SO.FT I HEREBY Cl!RTIFY TO NEf ASSIGNMENT CORPORATION.AS NOMINEE.ANO ITS SUCCESSORSANDIORASSIDNS. W.TIONO.l EQUITY FUNO. ltiC. FEDER"'-HOME LOAH BA~-TOPEKA. u s. BANK. W.TIONAL ASSOCIATION. NOTRE DAME SJSTERS, FIRST NEBRASKA nne ANO ESCROW, NCJTRE DAME APARTMENTS, LtC, NOTRE DAME HOUSING, INC .. AHO CENlRALSTATES OEVELOPMEITT. LtC, TttAT THIS MAP OR PlAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 'MIMMUMSTANrlAAO DETAIL REQUIREMENTS FORALTAIAl':SM LANO Tine SURVEYS.· JOINlt.Y ESTA8USHEDANOAOOPTEO BY Al.TA AND NSl'S IN2!l05, /\ND INCl-UDES ITEMS1,:Z,3.~.S.7!•Ll.&.10.11(bL 16,4N0180FTAllLEATHEREOF PLflSu.o.NTTOHIEACCURACYSTANOAHOSASAOOPTEDllYALTA AND NSPS ANO IN EFFECT ON THE DATE OF THIS CERTIFICATION. UNDERSIGNED FURTHER CERTIAES T~T LN MY PROFESSIOl'W. ORNION. AS A LAND SURVEYOR REGISTERED IN THE ST" TE OF NEBRASKA. TiiE MAXIMUM RELATIVE POSITIONAL ACCURACY IS 0 07 FEET THE SURVEY WAS OH THE GROUNDS BETWEEN JANUl\RY 21, 2010 AND W.RCH 2, 2010 AND CORRECll Y SHOWS THE AREA OF THE SUBJECT PROPSRTY, THE LOCATION AND TYPE OF BUILDINGS, STRUCTURES, AND OTHER IMPROVEMENTS SITUATED ON THE SUBJECT PROPERTY, AND ANY OTliER MA TIERS SITUATED ON U1E SUllJECT PROPERTY. THE uC:~:;;r~~~~~~NA~~TESAHD stjQWN ON THE SUINEY,) TrlERE AAE NO VISIBLE EASEMEN'TSOR RIGHTS DF WAY WHICH (EXCEPT AS INCt.WED IN TttE MOTES AHDSKOWN ON THE SURVEY,) THERE AAE NDOBSEINAl:ltE,Al:ICWE GROl.IND ENCROACl-MENTS !•) BY THE IMPROVEMENTS ON TH!! SUBJECT PROPERTY UPON ADJOINING PROPERTIES, STREETS DR ALLEYS, OR (b) BY THE IMPROVEMENTS ON TrlE ADJOINIMO PROPERTIES, STflEETS Oii. ALLEYS UPON THE SUBJECT PROPERTY THE tOCA TION OF EACH EASEMENT. RIGHT Of WAY, SERVITUDE, AND OTliER lilATIERS AFFECTIND THE lltJIUECT PROPEICTY AND LIS TEO ON THE Tln.E INSURANCE PWCY Nl.llil!IERT-0!110!!22 DATEDEFFECllVE APRii. s. 2mo.1SSUED BY FIFIST NEBFt>.SKA IDLE ANO ESCROW ON BEt-w.F OF COMMOtfflEAI. TH LAND TITLE INSURANCE COMPANY WITH RESPECT lO THE SUBJECT PROPERTY, HAS BEEN SHOWN ON TH SI.AVEY. TOGETHER Willi APPROPRIATE RECOADIMO REFER~CES, TO THE EXfCNT THAT SUCH Mo\TTERS CAN BE LOCATED TO THE EXTENT THE LOC'ATIONOF '°'NY EASEMENT CANNOT BE PLOTTED ON THE SUIUECl PROPEICTY, IT HAS BEEN NOTEOAS ~:;R~B~~~~~~E~~~NT~~'t~~~;~i:~~:~~ON~~t~B';ER~=~~!=;:~i:eR~~~ SETBAO< PROVISIONS AND RESTRICTIONS Of RECORD REFERENCED IN SlJCH TmE POUC'Y THE SUBJECT PQ.ICY HAS ACCESS TO ANO FROM A DU. Y DEDIC" TED ANO ACCEPlfO PUBLIC STREET OR HIDHWAY {EXCEPT AS INCt.UDEO IN THE NOTES ANO SHOWN ON THE Sl.IRVEY,JTHE StlBJECT PROPERTY DOES NOT SERVE ANY ...WOINING PROPERTYFORD~GE. UTILITIES.ORINGRESSOREGRESS ~:~~~~~~~~g~~~l~~~~~R~l~~=l~~~=~~~y:t.~!~~~'31D550l229HANDEXCEPTAS SPECIAC"Ll.Y NOTED ON THE SURVEY, NO PART OF THE SU6JECTPROPERTYLIES WITHINANY AREA OE51GN.\1EOAS "Fl.OODPRONE A.REA.,"''SPEOAL Fl.000 HAZAADAREA" OR 100.YEAR F\.000 PLAJN BY THE FEDERAL EMERGENCY M.l\Ni\OEMEHT ADENCY, THE UNITED STATES ARMY CORPS OF ENGINEERS, THE USOEPARlMEnT Of HDUSIND ANO URBAN OEVELO!'MENT. THE STATE OF r<El!Ro\SKA. CITY OF OW.HA, COUNTY OF OOUGlAS OR ANY OTHER GOVERNMENTAL AGENCY OR AUTHORITY HAVING JURISDICTION OVER TliE StJQJECl PROPERTY NOA IS AHY PORTION OF THE SUBJECT PROPERTY LOCATED WITHIN ANY 1..A1<E OR AN1' CREEK. STREAM. RIVER OR OTHER W'°' TERCOURSE REQUIRED TO SE UNOISTURBEO BY AN APPROPRIATE 00\IERffMENTlol.AGENCY OR '°'IJTliORITY ~~II FllmRIO<SON, ~l5 5g; THE SUBJECT PROPERTY IS THE SAME PROPERTY AS DESCRIBED IN FIRST NEBRASKA TITLE COMMITMENT FOR TITLE INSURANCE, COMMITMENT NO T-09110622. WITH AN EFFECTIVE DATE OF APRIL 5, 2010. THE Fat.LOWING EXCEPTIONS ARE DESCRIBED UNDER SCHEDULE B-SECTION 2 OF SAID TITLE COMMITMENT. SPECIAL EXCEPTIONS 1. 2, 4 THROUGH 13. 18THROOGH 22(19AND22 BEING INTENTIONALLY DELETED) ARE GRAPHICALLY NOT PLO TI ABLE 3. DISCREPANCIES, CONFLICTS IN THE BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPf:CTlON OF THE PREMISES WORLD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. (AFFECTS SUBJECT PROPERTY) 14. VACATION ORDINANCE WITH EASEMENT RESERVED TO THE CITY OF OMAHA, OVER A PORTION OF THE PREMISES IN QUESTION, AS SET FORTH IN ORDINANCE NO 22224, FILED IN BOOK 383 AT PAGE 649 (AFFECTS SUBJECT PROPERTY) 15. TERMS ANO PROVISIONS OF THE INSTRUMENT CAPTIONED: PROTECTIVE COVENANTS, FILED DECEMBER 3, 1979, IN BOOK 625 AT PAGE 6. (AFFECTS SUBJECT PROPERTY) 16. TERMS ANO PROVISIONS OF THE INSTRUMENT CAPTIONED: RECIPROCAL EASEMENT AGREEMENT, FILED NOVEMBER 8, 1997, IN BOOK 1193 AT PAGE 67; AND AMENDMENT FILED DECEMBER 18, 1999, !N BOOK 1320AT PAGE 368. NO BLANKET EASEMENTS FOUND. (AFFECTS SUBJECT PROPERTY) 17. TERMS AND PROVISIONS Of THE !NS TR UM ENT CAPTIONED: RECIPROCAL EASEMENT AGREEMENT, FILED NOVEMBER 3, 1997, IN BOOK 1227 AT PAGE 440; AND AMENDMENT TO RECIPROCAL EASEMENT, FILED DECEMBER 16, 1999, IN BOOK 1320 AT PAGE 388. NO BLANKET EASEMENTS FOUND. {AFFECTS SUBJECT PROPERTY) 23. GROUND LEASE CONVEYANCE, FILED NOVEMBER 13, 19911, IN BOOK 1270 AT PAGE 47T, BY AND SE TWEEN NOTRE DAME SISTERS, LANDLORD AND NOTRE DAME HOUSING, LIMITED PARTNERSHIP, TENANT, AND ASSIGNMENT AND ASSUMPTION OF GROUND LEASE ANO CONVEYANCE, FILED DECEMBER 31, 1998, IN BOOK i276 AT PAGE 623. (AFFECTS SUBJECT PROPERTY) 24. ASSIGNMENT FILED NOVEMBER 13, 1998, IN SOOK 1270 AT PAGE 490 (AFFECTS SUBJECT PROPERTY) 25. TERMS AND PROVISIONS OF AN UNRECORDED LEASE, BY AND BETWEEN NOTRE DAME SISTERS, LANDLORD, AND QWEST WIRELESS, LLC, TENANT, NOTICE OF WHICH 1$ GIVEN BY MEMORANDUM OF OPTION AND SITE LEASE AGREEMENT FILED APRILS, 2001, IN BOOK 1376AT PAGE 707; AND MEMORANDUM OF ASSIGNMENT AND ASSUMPTION AGREEMENT FILED JULY 26, 2004, AS INST. NO. 2004096167, BY AND BETWEEN QWEST WIRELESS, LL.C., ASSIGNOR, AND SPRINT SPECTRUM L.P., ASSIGNEE; AND SITE DESIGNATION SUPPLEMENT TO MASTER LEASE AND SUBLEASE AGREEMENT, FILED JUNE 6, 2005, AS INST. NO. 2005064794 (AFFECTS SUBJECT PROPERTY) 26. AFFIDAVIT OF FACTS FILED NOVEMBER 30, 2005, AS INST. NO. 2005150606 {AFFECTS SUBJECT PROPERTY) DEEDED LEGAL DESCRIPTION (PER FIRST NEBRASKA TITLE COMMITMENT NO. T-09110622, DATED APRIL 5, 2010) LOT 1, NOTRE DAME SISTERS REP LAT II, AN ADDITION TO THE CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA AS SURVEYED, PLATTED, ANO RECORDED IN BOOK 1215AT PAGE 102, DOUGLAS COUNTY RECORDERS OFFICE UTILITY COMPANY CONTACTS POWER OPPD {OMAHA PUBLIC POWER DISTR1cn PAT CARNAZZO 444 SOUTH 16TH STREET MALL OMAHA. NE 68102 PH·402-636-3525 EMAIL: PCARNAZZO@OPPD.COM TELEPHONE QWEST CORPORATION JON STUTZMAN 7404 NORTH 76111 STREET, BLDO. A OMAHA, NE 68122 PH:402·572-6439 EMAIL: JON.STUTZMAN@QWEST COM GAS & WATER CABLEfTELEPHONE MUD (METROPOLITAN UTILITIES DISTRICT) COX COMMUNICATIONS LYN PITSCHKA GREG SORGE NF REI 1m HARNEY STREET 11505 WEST DODGE ROAD OMAHA, NE 68102 OMAHA, NE 68154 PH:402-504-7910 PH:402-934-0444 EMAIL. L YN_?ITSCHKA@MUDNEBR COM EMAIL GREG.SORGENFRtE@COX.COM SANITARY & STORM SEWER !..:! IT ui-UMAHA SEWER MAINTENANCE 66BOQSrRE:.E:.l OMAHA, NE 66117 PH:402-444·5332 s "-w Cl'. "' Cl'. ~ 0::: :: Ill~ ~= ~~ Ill: :c u (/) ;2 i "' w z ~1~ ~~g ~~~ .... ~6 1-5::J g N-8 i "' ~ >-" z :l " i'l ~ ~ "
~ ~ CQ ~ / \-__, ~ ~ ~3:: '°a "'"' .o· _a <o<Q "' Ct.sled·x-mF8nce Post ~ooung POB-......__i:---~ ~ !ii ~ ~ ~ T --+: Tj 116.56' 33050' LeaseAreaof\heNotre Da111eS1stersbu1\d1ng 78,692.28sq.lt.(1.81acres) 6W ~ 0 ~ Prepared by: The Schemmer Associates 'f 044 North 115th. titreet, Suite 300 Omaha, NE 68154-4436 402.493.4800 ~? I 1 inch = 60 ft. S89.47'21"E 38266'(3) 383.02'(P) ,----i -~--. ::--State Sfreel 65' ROW -, I '.2 i /L=53.M'{S&P) o~'"" R.,.43.00' ~ 51!!"Ret>ar Ch=49.74'(S&P) ChBrg=N54'55'16"E 589'58'48-W 5.15'($) 5.BO'(P) oorf'e 1..ol z, ND~:p\ot 2 5ister5 ~2 ht ,j'.1--lI~J +)Jm s"'""" ~ 74.88'(5) ~ r.tove o~';e 1..ot '· ~eP10 5iste<5 ~ • -Corners Found (as noted) 0 -Corners Set (as noted) (S) -Surveyed Dimention (P) -Plated Dimension (D) -Deeded Dimension {Bk. 1270 Pg 477) OTP -Open Top Pipe N89"48'05"W 39829'(S) 398.03'(P) 75.001?) /l! ~ ~I§: 1:~ I I PK N1~wl Wesr>ar#592 _?fl.!_55.:£_0"~-127.76'(5) 12800'(P) )'lOlfe 0~('(1\e 1..ol 2. p:e\)10 9sv:rs N90'00'00"W 127.76'(5) 128.00'(P) N89'56'03'W 27323'(5) 273.22'(P) I GilY ol 1..ol 1. Qf;~ifl~e1'1ol 1 flO(ef'G SB9"52'37"E 7737'(5) 7B.001P! -;; "' ~a Vi°' """' ~~ "'"' Lease Area Legal Description -Units 1 & 2 of the Notre Dame Condominium Regime: A tract of land and all improvements thereon, located in Lot 1, Notre Dame Sister Replat 2, City of Omaha, as platted and recorded in Douglas County, Nebraska, to be known as the Lease Area of the Notre Dame Sisters building, containing 78,692.28 sq.ft. (1.81 acres), being more particular1y described as follows: Beginning at the Northwest comer of Lot 1, Notre Dame Sisters Replat 2, thence S 89-47-21 E (assumed bearing) along the North line of said Loi 1for330.50'; thenc.e S 00-01-12 E along the Northerly projection of the West line of Lot 2, Notre Dame Sisters Reptal 2 for 134.01'; thence along the Westerly line of said Lot 2 for the the following four (4) courses: (1) S 89-58-48 W for 5.15'; (2) S 00-01-12 E for 89.42'; (3) N 89-58-48 E for 5.15'; (4) S 00-01-12 E for 31.00'; thence S 89-58-49 W along the Westerly projection of the South line of the East Wing of Notre Dame Sisters building as described in Book 1270, Page 477, Douglas County Register of Deeds office, for 157.82'; thence N 00-01-12 W for 47.42'; thence S 89-58-48 W for 56.20'; thence S 00-01-12 E for25.94': thence S 89-58-48 W for 116.56'; thence N 00-00-00 E along the West line of said Lot 1 for 234.28' to the point of beginning 11:. !,ij m: 0::: : Ill~ ~= ~~ Ill~ J:; u~ (I) ~ Ul ;2 ffi <{~ ~~ffi ~~z_ t= :; "-i': 9l w<!Oz :c ~~/':=> [il l9 C>'. 0 8 i'ii ~t}Ncn Cl oz1-<! <( o~:55 w 615&6 ~ 0.Jll:'.0 _J 05820.001 of
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 HA VE BEEN
COMPLIANCE WITH THE '33 ACT AND ALL APPLICABLE RULES AND
REGULATIONS THEREUNDER, OR THERE SHALL HA VE 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
$225,000.00 November 4, 2010
FOR VALUE RECEIVED, the Undersigned, Borrower, promises to pay Notre Dame
Apartments, LLC, a Nebraska Limited Liability Company, c/o Central States Development, 740
South 75th Street, Omaha, NE 68114, and/or its assigns, the principal sum of Two Hundred
Twenty-Five Thousand and No/100 Dollars ($225,000.00), together with interest thereon at the
rate of 8% 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 said 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 Loan Agreement dated the
19th day of October, 2010 by and between the City of Omaha, Borrower, and the Holder, (the
"Redevelopment Agreement") are collected by the City of Omaha and available for the
retirement of this debt.
In the event of default under said Redevelopment Promissory Note, all sums secured by
this Note or any other agreement securing this Note shall bear interest at a rate equal to five
percent (5%) above the national prime rate as published by the Wallstreet Journal, 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.
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
effective date of the Redevelopment Plan, and all excess ad valorem taxes generated by the
Redevelopment Project, as set forth in the Redevelopment Agreement, have been collected by
the City of Omaha 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 effective date of the
Redevelopment Plan, the Holder shall waiver any unpaid portion of the principal and interest due
upon written request of the City of Omaha.
In the event this 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, as such term is defined in this paragraph.
Holder may at any time before or after default, exercise his 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.
APPROVED AS TO FORM:
<\2z-Y::~;~2v, ,.,s-Ji.
A-75S.f-city Attorney
Plnlsfl 465-promissory note
- 2 -
CITY OF OMAHA, A Municipal
Corporation
ATTEST:
&;Ciefk~ iheCitY of Omaha
In the event this 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, as such term is defined in this paragraph.
Holder may at any time before or after default, exercise his 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.
APPROVED AS TO FORM:
Plnlsfl 465-promissory note
- 2 -
CITY OF OMAHA, A Municipal
Corporation
ATTEST:
6t)lciefk~fheGty of Omaha
EXHIBIT "D"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Program Provider agrees as follows:
( 1) The Program Provider shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, or disability as defined by
the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The
Program Provider shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, religion, color,
sex or national origin. The Program Provider shall take all actions necessary to comply with
the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13)
including, but not limited to, reasonable accommodation. As used herein, the word "treated"
shall mean and include, without limitation, the following: Recruited, whether advertising or
by other means; compensated; selected for training, including apprenticeship; promoted;
upgraded; demoted; downgraded; transferred; laid off; and terminated. The Program
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) The Program Provider shall, in all solicitations or advertisements for employees placed by or
on behalf of the Program Provider, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex, national origin, or
disability as recognized under 42 uses 12101 et seq.
(3) The Program Provider shall send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker's representative of the Program 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) The Program Provider shall furnish to the 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 Contract Compliance Officer shall be those which are related to
Paragraphs ( 1) through (7) of this subsection and only after reasonable notice is given the
Program Provider. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
- 1 -
(5) The Program Provider shall take such actions with respect to any sub-contractor as the City
may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein,
including penalties and sanctions for noncompliance; however, in the event the Program
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, the Program Provider or the City may request the United States to enter
into such litigation to protect the interests of the United States.
(6) The Program Provider shall file and shall cause his sub-contractor, if any, to file compliance
reports with the Program 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 Contract Compliance Officer. Compliance reports
filed at such times as directed shall contain information as to the employment practices,
policies, programs and statistics of the Program Provider and his sub-contractor.
(7) The Program 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-contractor or vendor.
PUBLICATIONS PUBLICATION OF HEARING Date 1 0 -·,i.:z_ -l -c PUBLICATION OF ORDINANCE Date U-l 0 -{ (:. v 12-IB v·· ORDINANCE NO. , 3!j{y 2 AN ORDINANCE approvmg a Redevelopment Loan Agreement between the City of Omaha and Notre Dame Apartments, LLC to implement the Notre Dame Apartments, LLC Tax Increment Financing (TIF) Redevelopment Plan for the redevelopment project that will convert the unused and under-utilized central and west wings of the Notre Dame Academy and Convent located at 3501 State Street into 30 new apartments for seniors, and that will renovate 32 apartments in the east wing of the same building to make the units more energy-efficient; to authorize the use of $225,000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and, to provide for an effective date. Pin/sf! 465-backing fJ.1) jfftJuS1>)+ ,, v-· ;../ PRESENTED TO COUNCIL ls< Reading OCT 1 9 Z010 -b/13 LoM¥a "' 7 ~¢?1 oc1 2 o··zmu -a;;,. 60 Final Reading NOV 2 _ ?Of8 -'I Passe a '7 ·o BUSTER BROWN City Clerk