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ORD 39089 Salem Village II TIF AgreementCity of Omaha Jim Suttle, Mayor Honorable President I t JUL I 4 AH \O: 4 1 July 26, 2011 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 and Members of the City Council, The attached Ordinance transmits a Redevelopment Agreement between the Salem Village II Limited Partnership and the City of Omaha for a redevelopment project located at 3520 Lake Street. The Redevelopment Agreement implements the Salem Village II Limited Partnership Tax Increment Financing (TIF) Project Plan for Phase II of the Salem Village Senior Housing Project at the Miami Heights Senior Development. This is a new 3-story, midrise, residential housing building with underground parking, which comprises 27 two-bedroom affordable, senior living units. There will be nine units per floor, one of which will be fully accessible. The rents are targeted to residents at roughly 41 % of the area median income. The Redevelopment Agreement authorizes the City's participation in the redevelopment by providing up to $180,000.00 to offset the costs of site development, architectural and engineering costs, and any public improvements as may be required. The total project cost is estimated to be $5,416,993.00, with TIF eligible cost of approximately $286,932.00. Your favorable consideration of this Ordinance will be appreciated. Approved: ?J \ .. /~---- (J ~ 1 Pam Spaccarotella 1Jv~'--" Finance Director Plnlsfl 552-cover letter 7 --17-11 Date Referred to City Council for Consideration: <{l)J!L-/Zk1\y_70 I I ~ Date a~ Robert G. Stubbe, P.E. Public Works Director )-IZ--11 Date ORDINANCE NO. ---=3~g=-V..._f...L.-Cf __ AN ORDINANCE approving a redevelopment and tax increment financing loan agreement with the City of Omaha and Salem Village II Limited Partnership, a Nebraska Limited Partnership to implement the Salem Village II Limited Partnership Tax Increment Financing (TIF) Redevelopment Project Plan which proposes a new 3-story, midrise, residential housing building with underground parking located at 3520 Lake Street; the new building will be comprised of 27 two-bedroom affordable, senior living units; the ordinance authorizes the use of $180, 000.00 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 Salem Village II Limited Partnership, a Nebraska Limited Partnership authorizing the use of $180,000.00 in TIF to offset the costs of site development, architectural and engineering costs, and any public improvements as may be required for a project with a total project cost is estimated to be $5,416,993.00 with TIF eligible costs of $286,932. Further, the Mayor is authorized to execute, and the City Clerk to attest, aany other documents 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 and Sections 18-2147 through 18-2150; and are not otherwise obligations of the City of Omaha. ORDINANCE NO. ,?'JcJ 8'cL PAGE2 Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. APPROVED BY: PASSED __ A'--UG------'-1 -=-6 _20_1_1 _?_· _-cJ __ APPROVED AS TO FORM: ~ 'ltZ.·I} ~DATE Plnlsfl 552-ordinance REDEVELOPMENT AGREEMENT THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska Municipal Corporation in Douglas County, Nebraska, and Salem Village II Limited Partnership, a Nebraska Limited Partnership. RECITALS: WHEREAS, on March 1, 2011, by Resolution No. 148, the City Council of the City of Omaha approved the Salem Village II Limited Partnership Tax Increment Financing Redevelopment Project Plan proposing Phase II of the Salem Village Senior Housing Project at the Miami Heights Senior Development: a new 3-story, midrise, residential housing building with underground parking. The building is comprised of 27 two-bedroom affordable, senior living units as described in Exhibit "B", attached hereto and made a part hereof; and, WHEREAS, the Salem Village II Limited Partnership Tax Increment Financing (TIF) Redevelopment Plan provided for $180,000.00 in TIF to offset the costs of site development, architectural and engineering costs, and any public improvements as may be required. The total project cost is estimated to be $5,416,993.00 with TIF eligible costs of $286,932, 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. - 1 - 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 "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 -Salem Village II Limited Partnership. 1.3 "Director" shall mean -the Director of the City of Omaha Planning Department. 1.4 "Redevelopment Project" shall mean -the construction of a new 3-story, midrise, residential housing building with underground parking located at 3520 Lake Street containing 27 two-bedroom affordable, senior living units 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 (TIP Funds/TIP 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" 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 2011 tax year and continuing for 15 years after the approval of the Redevelopment Agreement 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 in substantially the same form as the copy attached hereto as Exhibit "C". - 2 - 2.2 grant Redevelopment Loan proceeds to the Owner in the sum of $180,000.00. 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 December 31, 2012, creating an increase in real property taxable base by reason of such construction of at least $2,582,547.00. 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 $180,000.00 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 - 3.3.l Such loan funds shall be disbursed as provided in Section 2. 3.3.2 Such loan shall bear a 7.5% 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. 3.4 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 $39,800.00 (base) or less prior to and during construction; and $1,331,353.00 [$39,800.00 (base) plus $1,291,553.00 (excess valuation)] or less after substantial completion or occupancy of the mixed-use commercial and residential building and garage 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 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 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 ifthe 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. - 4 - 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. 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. - 5 - 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: (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: Salem Village II Limited Partnership CIO Salem Village II Development, LLC 1701 North 24th Street, Suite 102 Omaha, NE 68110 Legal Service c/o City Clerk Omaha/Douglas Civic Center 1819 Farnam Street Omaha, NE 68183 Either party may designate additional representatives or substitute representatives by giving written notice thereof to the designated representative of the other party. /~It /J. / Executed this _J_Q_ day of ~~ , 2011. ATTEST: CITY OF OMAHA: CIT~tt:~AHA ·--==-= APPROVED AS TO FORM: ~£~ CITY ATTORNEY - 6 - Executed this\ )-tt\day of_J~u~\~~+---------' 2011. ST A TE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) OWNER: Salem Village II Limited Partnership, By~~~ Ken Lyons, Manager, Salem Village II Limited Partnership, a Nebraska Limited ~nership aclpio\ledged the foregoing Redevelopment Agreement before me this \l_ day of ._J\) ~ ,2011. . - JACQUELINE HANKINS MY COMMISSION EXPIRES September 9, 2013 - 7 - Not P lie, State of Nebraska My commission expires on '3 \ q l 2D t3 . ~ 5-t l-<;() -± (ii Pl{ASf" 11 s lTePLAf\l ~ W(.') Zz o_ ,__ w w C< ,__ (/) = .., .., .... wlw>-V> (/) (/) <( <( -:r: :ex CL CL W SITE FL.AN ~ I'\,,_____., .. O' 15· 30' 60' LAKE STREET l i i I I i I .----~ i i . 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"'"" lULOIH&EXITSFER fl()OR. flRSTflOOR1 """""'"""' "'""""""' "'"'""""""'"' "''''""" l~lto SI'. 1~1IOSF. ll11Q5i/', ~,BOS/'. ipoo51. .. ,,,., ... M,OOOs.f. '6.2505.F. leo,1!50W'. ' , , .,. A A Ne1ghbofW8rkse1 OMAHA Salem Wage I 3520 Lake Street Omaha, Nebraska BASEMENT /GARAGE & FRST R.OOR 8C & l'f'PA CODE REVEW A HOU»O -AllOfltCIS HBA "'SCUIJl .... AYINJI! """""""""'""' -- Douglas County Account Information ~X)f !bJT 1'/3i1Page 1 of2 :::k-kb: JlfL-De~cK-1 Douglas County, Nebraska Property Record -R2144921000 Information is valid as of 2011-3-8 Owner SALEM VILLAGE II LIMITED PART C!O KEN LYONS 1701 N 24 ST #102 OMAHA NE 68110-0000 Property Information Key Number: 4492 1000 21 Account Type: Residential Parcel Number: Parcel Address: 3520 LAKE ST Print Report View Interactive GIS MaQ Treasurer's Tax Report New Feature -+ -+ -+ Subdivision Sales Search OMAHA NE 68111-0000 * SALEM VILLAGE MIAMI HEIGHTS RP 1 LOT 1 BLOCK 0 IRREG 1.034 AC Value Information 2010 2009 $9,400.00 •AW- 2008 $0.00 2007 $0.00 , __ , •~v··--~·--~~- 2006 $0.00 $0.00 I Sales Information Sales Date: 2010-07 -23 Deed Type: Price: Grantor: Grantee: Valid/Invalid: Exclusion Reason: Land Information Acres 1.03 ; Improvement $30,400.00 $41,200.00 $0.00 $0.00 i Depth . . I . . 0.0 Total Width 0.0 $39,800.00 $50,600.00 $0.00 $0.00 $0.00 $0.00 Page: 067338 http://douglasne.mapping-online.com/DouglasCoNe/static/accountinfo.j sp?accountno=R21... 3/18/2011 g i ; I-·--· ,._ ' ' ' ' l_ 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 $180,000.00 ------------' 2011 FOR VALUE RECEIVED, the Undersigned, Borrower, promises to pay Salem Village II Limited Partnership, Holder, c/o Salem Village II Development, LLC 1701North24th Street, Suite 102, Omaha, NE 68110, and/or its assigns, the principal sum of One Hundred Eighty Thousand and No/100 ($180,000.00), together with interest thereon at the rate of 7.5% 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 Agreement dated the day of , 2011, 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 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. 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 18-214 7 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, 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. CITY OF OMAHA, A Municipal Corporation ATTEST c&• APPROVED AS TO FORM: ~}eity Attorney 7 ( ( zf / Plnlsfl 552-note - 2 - 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 ofrace, 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. - 2 - EXECUTION COPY ASSIGNMENT This Assignment is granted by Salem Village II Limited Partnership ("Borrower"), to and in favor of Horizon Bank ("Lender") as security for the TIF Loan made by Lender to Borrower on November 2, 2011. Borrower assigns to Lender: All of Borrower's interests in and rights to tax increment reimbursements due to Borrower from the City of Omaha, Nebraska ("City") in accordance with the Redevelopment Promissory Note between Borrower and City dated August 18, 2011. SALEM VILLAGE II LIMITED PARTNERSHIP By: By: (Remainder of Page Intentionally Left Blank) ACKNOWLEDGMENT The City of Omaha, Nebraska acknowledges receipt of a copy of the above Assignment and agrees to make payments directly to Horizon Bank to be applied on Borrower's TIF Loan. DA TED November 2, 2011. CITY OF OMAHA, NEBRASKA STATE OF NEBRASKA ) ) SS. COUNTY OF DOUGLAS ) {?' &,.- The following Consent was acknowledged before me this-J.Hd day of November, 2011 Jim Suttle, Mayor of the City of Omaha, Nebraska, on behalf of the City. ATTEST: A, GENERAL NOT ARY • State ol Nebraska 11m~ CYNTHIA FORD THINNES My Comm. Exp. August 16, 2015 ~-,~ City Clerk of the City of Omaha Notar/Public APPROVED AS TO FORM: ,.··------··--· "'l' / \ ~.· ,j~}) I PUBLICATIONS PUBLICATION OF HEARING Date~ PUBLICATION OF ORDINANCE Date '? -~1-I l ..,,,,,, ?vi / ORDINANCE NO. c:Yh n AN ORDINANCE approving a redevelopment and tax increment financing loan agreement with the City of Omaha and Salem Village II Limited Partnership, a Nebraska Limited Partnership to implement the Salem Village II Limited Partnership Tax Increment Financing (TIF) Redevelopment Project Plan which proposes a new 3-story, midrise, residential housing building with underground parking located at 3520 Lake Street; the new building will be comprised of 27 two-bedroom affordable, senior living units; the ordinance authorizes the use of $180, 000.00 in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project; and providing for an effective date. Plnlsf1552-backing PRESENTED TO COUNCIL 1~~/ Hearing ,\ilG-9 zon::-'1Jo zfo %/d.Rfit -r· T Final Reading AtJG 1 6 2011 Passe-ct-1-c;; BUSTER BROWN City Clerk faf (1.us1fij