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ORD 37847 - Joint Use Facility - Saddlebrook Library Community Center obi • AHA N �� Parks, Recreation & L,4411,....4, 44' Public Property Department C r Omaha/Douglas Civic Center n© w?'1! 49 cc 1819 ram m Stre t Suit 701 Omaha Ncbr ska 68183 0701 A0R�r �r�iti T r (402)444 5900 -to FEB F A\(402)444 49 1 P City of Omaha August 28 2007 r I Steven 5carpello Mike F hey M yor Dtrccto Honorable President and Members of the City Council The purpose of the attached Ordinance is to approve an Agreement between the City of Omaha the Omaha Public School District and various Sanitary and Improvement Districts regarding a joint Elementary School Public Library and Community Center to serve Northwest Omaha currently referred to as Saddlebrook School Library and Community Center This Agreement formalizes a truly unique partnership The City has for years recognized the need for a Northwest Library and Community Center Additionally OPS clearly recognizes the immediate need for an Elementary School in the Saddlebrook area By constructing a single building to meet the needs of all partners each group recognizes cost savings access to expanded facility spaces and improved public services Over the past year OPS Library and the Parks Recreation and Public Property Department staffs have been working together to design a facility that will meet each agency s public service objectives This work is now complete and the three partners are now prepared to move forward with the construction of this facility In order to do so Omaha Public School District agrees in accordance with the attached Agreement to secure through public bidding a project contractor manage the contractor of the facility and direct all contractor actions as more further detailed in the specifications The Agreement also specifies the authorities and responsibilities of each partner relative to the Saddlebrook School Library and Community Center Generally the Agreement allows each partner to manage/control/staff a defined portion of the facility specifically designed for their function Additionally the document establishes procedures for those portions of the building s joint spaces The Agreement formalizes the City s responsibility to financially participate in the facility s construction cost In accordance with the City s Capital Improvement Program (CIP) the City will contribute $1 million dollars in 2008 and $930 000 in 2009 from the 2006 Parks and Recreation Bond Fund No 13354 and $3 700 000 from Library Facilities CapitalFund No 13499 and from Lease/Purchase Bonds programmed through the CIP for Library projects Honorable President And Members of the City Council Page 2 Finally portions of Saddlebrook property is owned by several Sanitary Improvement Distncts Under the terms of this Agreement the Sanitary and Improvement Distncts agree to transfer to the City of Omaha their portions of this property The specific details illustrating the responsibilities of the parties are contained in the Agreement The Parks Recreation and Public Property Department recommends the approval of the attached Agreement and approval of this Ordinance Respectfully submitted Referred to City Council for Consideration Vic/0 7 tE d - 2f- -----7 Steve Scarpell Director Date Mayor s Office Date Parks Recreation and Public Property Department Approved as to Funding Qcwok Q -,k_ \ 0101 Carol A Ebdon Director Date Finance Department P 1PRPPI15935pjm doc ORDINANCE NO 3 411y2 AN ORDINANCE to approve the attached Interlocal Agreement between the City of Omaha Douglas County School District 0001 a/k/a Omaha Public Schools the Omaha Public Library Board Sanitary and Improvement District No 424 of Douglas County Nebraska Stone Park Sanitary and Improvement District No 446 of Douglas County Nebraska Saddlebrook Sanitary and Improvement District No 482 of Douglas County Nebraska Standing Bear West and Sanitary and Improvement District No 501 of Douglas County Nebraska Castle Creek for a 50 year period commencing on the date of execution by the parties for the development construction operation and maintenance of a joint facility with public recreation center library and school functions to be located in the Saddlebrook Subdivision near 148t! Street and Saddlebrook Drive to authorize the Mayor to execute such Agreement to authorize in accordance with the terms of such Agreement the acceptance from the respective SIDs for the use of the City of Omaha Lots 230 and 231 Saddlebrook Lot 135 Standing Bear West Lot 341 Stone Park and Lot 317 Castle Creek as dedicated park property for development of such joint facility and park and for other public uses to authonze the Finance Director to make payments in accordance with the terms and conditions of such Agreement and to provide an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA Section 1 That the attached Interlocal Agreement between the City of Omaha Douglas County School District 0001 a/k/a Omaha Public Schools the Omaha Public Library Board Sanitary and Improvement District No 424 of Douglas County Nebraska Stone Park Sanitary and Improvement District No 446 of Douglas County Nebraska Saddlebrook Sanitary and ORDINANCE NO ,37f /7 Page 2 Improvement Distract No 482 of Douglas County Nebraska Standing Bear West and Sanitary and Improvement Distnct No 501 of Douglas County Nebraska Castle Creek for a 50 year period commencing on the date of execution by the parties for the development construction operation and maintenance of a joint facility with public recreation center library and school functions to be located in the Saddlebrook Subdivision near 148th Street and Saddlebrook Dnve is hereby approved and the Mayor is authorized to execute such attached Agreement Section 2 That the City is hereby authorized to accept in accordance with the terms and conditions of such Interlocal Agreement from the respective SIDs for the use of the City of Omaha Lots 230 and 231 Saddlebrook Lot 135 Standing Bear West Lot 341 Stone Park and Lot 317 Castle Creek as dedicated park property for development of such joint facility and park and for other public uses Section 3 That the Finance Director of the City of Omaha is authorized to pay $4 700 000 in 2008 and $930 000 in 2009 for the City s proportional share of certain design construction and operation and maintenance costs including but not limited to custodial services and building and grounds upkeep utilities insurance routine repairs to the building and grounds and secunty system in accordance with the terms and conditions of such Interlocal Agreement as more fully descnbed therein from 2006 Parks and Recreation Fund 13354 Organization No 117313 and 2008 Parks and Cultures Bonds Project No 2342 Saddlebrook Community Center and Library Facilities Capital Fund No 13499 Organization No 117029 Saddlebrook Library Construction and Project No 2345 Saddlebrook Library It is the intent of the City of Omaha to issue Lease Purchase Bonds for the Library portion of the funding ORDINANCE NO c3M/9 Page 3 Section 4 That this Ordinance not being of legislative character and in accordance with Section 2 12 of the Omaha Home Rule Charter 1956 as amended shall be in force and take effect immediately from and after its date of passage INTRODUCED BY COUNCILMEMBER /044.00/ 7t .)i4dAPPROVED BY 9-.zo a 1 MAYOR OF THE CI OF OMAHA DATE PASSED SEP i 8 2001 cx.5 q - c��----e, ATTEST /411116L-Z .� D .E U IYCITY CLERK. OF THE CI OF OMAHA DATE APPROVED AS TO FORM a44/1"( /d /11 iL TY ATTORNEY DATE P 1PRPP115936pjm doc ACitCJto o -7/ a� 9/'J/e 7 Cf INTERLOCAL COOPERATION AGREEMENT FOR JOINT RECREATIONAL, LIBRARY AND EDUCATIONAL FACILITY HIS INTERLOCAL COOPERATION AGREEMENT ( Agreement ) made this day of(kir�d�i� 2007 by and among SANITARY AND IMPROVEMENT DISTRICT NO 424 OF DOUGLAS COUNTY NEBRASKA Stone Park (hereafter referred to as SID 424 ) SANITARY AND IMPROVEMENT DISTRICT NO 446 OF DOUGLAS COUNTY NEBRASKA Saddlebrook (hereafter referred to as SID 446 ) SANITARY AND IMPROVEMENT DISTRICT NO 482 OF DOUGLAS COUNTY NEBRASKA Standing Bear West (hereafter referred to as SID 482 ) SANITARY AND IMPROVEMENT DISTRICT NO 501 OF DOUGLAS COUNTY NEBRASKA Castle Creek (hereafter referred to as SID 501 ) the CITY OF OMAHA a municipal corporation organized and existing under the laws of the State of Nebraska located in Douglas County Nebraska (hereinafter referred to as City ) the OMAHA PUBLIC LIBRARY BOARD (hereinafter referred to as OPL ) and DOUGLAS COUNTY SCHOOL DISTRICT 0001 a Nebraska political subdivision located in Douglas County Nebraska a/k/a Omaha Public Schools (hereinafter referred to as School ) WHEREAS City OPL SID 424 SID 446 SID 482 SID 501 and School the parties hereto are duly existing bodies corporate and politic in accordance with and under the laws of the State of Nebraska and more particularly Chapter 14 Article 7 of Chapter 31 Chapter 52 and Chapter 79 of the Revised Statutes of Nebraska 1943 and any applicable amendments thereto as well as the Home Rule Charter of the City of Omaha and that said SIDs have been formed in accordance with said statutes and the decrees of the District Court of Douglas County Nebraska and WHEREAS SIDS 424 446 482 and 501 each own certain parcels of contiguous real property which were acquired for public park purposes which are commonly known as Saddlebrook Park as shown on the attached Exhibit A which is incorporated by this reference as if fully set forth herein (hereinafter referred to as Saddlebrook Park ) and WHEREAS SIDS 424 446 482 and 501 have been financially unable to fully improve Saddlebrook Park to date and desire to facilitate the development of Saddlebrook Park for the benefit and enjoyment of their respective residents and use by the citizens of the Omaha metropolitan area and WHEREAS City has recently experienced considerable rapid growth in its northwestern quadrant and unincorporated areas adjacent thereto with an accompanying demand from residents for recreational facilities to serve such area and WHEREAS OPL has similarly experienced considerable demand for library facilities in the northwestern quadrant of the Omaha area as that area has developed and WHEREAS such expansion of residential areas in the northwestern quadrant of the Omaha metropolitan area has created a demand on School for additional elementary school facilities in the northwestern portion of its district boundaries and WHEREAS SIDs City OPL and School desire respectively to situate recreational amenities including soccer fields a pool and a community center as well as a library and an elementary school in such northwest area and WHEREAS in order to serve their mutual interests to promote the health and welfare of the residents of said SIDs City OPL and School and pursuant to the authority granted the parties by the Nebraska Interlocal Cooperation Act (Neb Rev Stat §§ 13 801 et seq ) the parties agree to cooperate to effectuate the development and construction of a joint school recreation and library facility in Saddlebrook Park to provide such additional recreational and educational amenities for the joint use of their residents and WHEREAS the parties desire to enter into this Agreement pursuant to the Nebraska Interlocal Cooperation Act to delineate and provide for their specific rights and obligations with respect to the development construction and operation of the Joint Facility NOW THEREFORE in consideration of the mutual covenants set forth herein the parties agree as follows I PURPOSE 1 The purpose of this Interlocal Cooperation Agreement is to specify the terms and conditions under which SID 424 SID 446 SID 482 SID 501 School OPL and City will jointly fund plan develop construct own operate manage and maintain the Joint Facilities and Joint Facility Site as defined herein below 2 Such Joint Facility will be located on a portion of Lot 231 Saddlebrook ( Lot 231 ) which is currently owned by SID 446 and depicted on Exhibit A and will generally be situated as shown on the site plan attached hereto as Exhibit B and incorporated by this reference as if fully set forth herein Lot 231 along with six (6) other lots which comprise Saddlebrook Park i e Lot 230 Saddlebrook Lot 135 Standing Bear West Lots 341 342 and 343 Stone Park and Lot 317 Castle Creek will be conveyed to City for the purposes set forth herein Upon conveyance of Lot 231 to the City City agrees that a portion of such Lot may be utilized by School and OPL for the purposes set forth herein dunng the entire term of this Agreement and continuing thereafter as provided in Section II 4 hereof provided that such use by School and OPL are conditioned upon continuous joint use and operation of the Joint Facility and Joint Facility Site by City School and OPL subject to reasonable interruptions for casualty loss repair or maintenance City School and OPL have cooperated in good faith upon the design of the Joint Facility and for the placement thereof on such Lot 231 which shall be situated and configured substantially as shown on the attached Exhibits B and C City School and OPL may cooperatively make changes to the configuration of the Joint Facility on Exhibits B and C to accommodate their respective needs without the consent of the SIDs and without modifying either Exhibit B or C provided that use of the Joint Facility is not materially changed 2 3 City OPL School and SIDs agree that the Joint Facility will be used for the sole purpose of operating conducting and maintaining a public school public library and public community recreation center for the benefit of the public pursuant to the terms and conditions of this Agreement Such restriction on use shall survive the termination or expiration of this Agreement City OPL and School further agree that in operating and conducting such parties operations ancillary use of the Joint Facility by any entity other than the parties hereto which may be authorized by one of parties according to the terms and conditions of this Agreement shall be permitted only after the parties use needs have been met as set forth in this Agreement II PROJECT DESCRIPTION 1 The parties contemplate that the Joint Facility will consist of one multi purpose building opening no later than August 2009 which will have a section which will function as a public school (hereinafter School Section ) another portion which will operate as a public library (hereinafter Library Section ) a third area which will be a public community recreation center (hereinafter Rec Center Section ) and other spaces which will be used jointly by two or more of the parties (hereinafter Joint Use Space ) as more fully delineated on Exhibit C attached hereto and incorporated herein by this reference The site of the Joint Facility will include one or more parking areas walks and drives adequate to serve the combined needs of the multiple functions of each party exterior playground amenities similar to that of School s other elementary school facilities and spaces for portable classroom facilities If portable classroom facilities are installed on the Joint Facility Site the portable classroom facilities shall be located in the area designated on Exhibit B and shall be considered a part of the School Section for purposes of this Agreement The building such parking areas including bus drop off areas walks and drives and such playground amenities area and such spaces for portable classroom facilities shall comprise the Joint Facility site (hereinafter Joint Facility Site ) as shown on the drawing attached hereto as Exhibit B As used in this Agreement the term Joint Facility or Joint Facilities means the combined School Section Library Section Rec Center Section and the Joint Use Space The preliminary time line for design and construction of the Joint Facility and Joint Use Space is set forth on the attached Exhibit D This timeline is subject to modification from time to time as circumstances warrant 2 The operation of each such Section the Joint Use Space and the Joint Facility Site shall be governed by this Agreement The School Section of the Joint Facility will be owned controlled and operated by School The Rec Center Section will be owned controlled and operated by City The Library Section will be owned controlled and operated by OPL The Joint Use Space of the Joint Facility will be jointly owned controlled and operated by City School and OPL as indicated on Exhibit E referenced herein below at Section VI 4 The Joint Facility Site improvements (walkways sidewalks parking areas and roads) will be owned by City provided that the School playground amenities and School portable classroom facilities will be owned by School Responsibility for control operation maintenance and management of the Joint Facility is more particularly described on the attached Exhibit E 3 Nothing in this Agreement shall be construed to provide authority for exclusive control by School or SIDs over any portion of the Rec Center Section Library Section Joint Use 3 Space Saddlebrook Park or its roads parking areas walks and drives grounds or improvements or other facilities except as provided in this Agreement Nothing in this Agreement shall be construed to provide School or SIDs with any ownership nght or interest in the Rec Center Section Library Section Joint Use Space Saddlebrook Park or its roads parking areas walks and drives grounds or improvements or other facilities except as provided in this Agreement 4 Upon expiration or termination of this Agreement and subject to the use rights of City School and OPL as set forth below City shall retain ownership of the Rec Center Section of the Joint Facility and the Joint Facility Site improvements exclusive of the School playground amenities and School portable classroom facilities OPL shall retain ownership of the Library Section of the Joint Facility and School shall retain ownership of the School Section of the Joint Facility School playground amenities and School portable classroom facilities The Joint Use Space shall be owned by the party designated on Exhibit E Each party may continue to use its owned sections and City School and OPL agree to cooperate to the extent necessary to assure functional future use (1) of the Library Section by the School and OPL and (2) of the other Joint Use Spaces and Joint Facility Site by City School and OPL School will retain the right to install portable classroom facilities on that portion of the Joint Facility Site that has been designated for that use after termination or expiration of this Agreement III TERM The term of this Agreement shall be for a period of fifty(50) years commencing upon the date of execution hereof by the parties provided however that this Agreement may be terminated with the express prior written agreement of all of the parties hereto to the terms and conditions of such termination IV PROJECT ADMINISTRATOR No separate legal or administrative entity is created by this Agreement School shall serve as the lead administrator of the Joint Facility Site and as more fully set forth herein below shall be responsible for the administrative work necessary for the planning development construction maintenance and operation except as otherwise specified herein below V OBLIGATIONS OF THE PARTIES A SIDs SIDs agree to timely 1 transfer to City on or before December 1 2007 at no cost to City fee title ownership of all of the parcels of real property which compose Saddlebrook Park i e Lots 230 and 231 Saddlebrook Lot 135 Standing Bear West Lots 341 342 and 343 Stone Park and Lot 317 Castle Creek that each owns free and clear of all liens and encumbrances SIDs will each cooperate with City to prepare documents of title satisfactory to City and to arrange mutually satisfactory closing dates 4 2 maintain at their expense either directly or through qualified maintenance contractors through date of transfer of ownership to City hereinafter ( Transfer Date ) the entirety of Saddlebrook Park The parties hereto acknowledge that such maintenance is provided through December 31 2007 by a contractor pursuant to an Amendment to a 2002 Interlocal Cooperation Agreement among SIDs and others 3 from Transfer Date through December 31 2007 City will maintain Saddlebrook Park by taking over SIDs payment obligations to SIDs maintenance contractor and from January 1 2008 through August 31 2009 City will maintain Saddlebrook Park providing the level of basic maintenance City provides to similarly situated City parks SIDS may request that City provide maintenance services above such basic level (hereinafter Excess Maintenance Services ) SIDs and others have entered into a second amendment to such 2002 Interlocal Cooperation Agreement which creates a Saddlebrook Park Committee to select and coordinate with City such Excess Maintenance Services SIDs will reimburse City for any cost the City incurs in providing Excess Maintenance Services to Saddlebrook Park in accordance with the terms of their second amendment to the 2002 Interlocal Cooperation Agreement and 4 from September 1 2009 through the dates of annexation of the SIDs City will maintain Saddlebrook Park providing the level of basic maintenance City provides to similarly situated City parks and any Excess Maintenance Services requested by SIDs SIDs shall in accordance with the terms of their second amendment to the 2002 Interlocal Cooperation Agreement reimburse City the cost of Excess Maintenance Services provided by City or its contractors to Saddlebrook Park except that part of such Park which is designated the Joint Facility Site If one or more of the SIDs are annexed by City before the others reimbursement to City for the Excess Maintenance Services shall continue by the remaining SIDs provided however that upon annexation by the City of any one or more of the SIDs the right to require Excess Maintenance Services and the obligation to pay hereunder of such annexed SID(s) may be assumed by the homeowners association(s) formed within such annexed SID(s) The respective homeowners associations may indicate their agreement to continuing participation in the providing of Excess Maintenance Services by giving written notice to the Parks Department of the City of Omaha of such intention B SCHOOL School agrees to timely 1 contract with a project architectural firm to design the Joint Facility on the Joint Facility Site and the site improvements to the Joint Facility Site and to prepare plans specifications and bid documents therefore utilizing an architectural firm mutually acceptable to School City and OPL School and such architectural firm shall cooperate with City and OPL to incorporate the Library Section Rec Center Section and Joint Use Space elements City and OPL desire in such design City OPL and School shall mutually agree on the Joint Facility design and the site improvements for the Joint Facility Site and shall each provide written approval to the project architect of the plans specifications bid documents site plans schematics construction drawings and other such documents The parties anticipate that programming and initial design work shall occur in 2006 and 2007 in order to meet the August 2009 opening date 5 2 select one or more contractors utilizing School s regular sealed bid procedures which is the lowest responsible bidder submitting a responsive and conforming bid for the construction of such Joint Facility and site improvements on the Joint Facility Site and entering into one or more contracts for the construction of the Joint Facility and site improvements on the Joint Facility Site with the selected contractor(s) The parties shall approve in wntmg the construction bid(s) and contractor(s) selected by School pnor to award 3 generally provide for oversight of the construction of the Joint Facility and Joint Facility Site provided however that School shall not be responsible for the schedule of such construction or the methods means and techniques that the contractor(s) utilizes during such construction School shall not be deemed to warranty or guaranty any work performed by such contractor(s) School s general contractor(s) shall provide City and OPL with record drawings respectively for the Rec Center Section and Library Section upon completion of construction 4 provide subject to reimbursement as provided herein below at Article V Sections C 7 (b) and (e) and D 4 (b) and (e) custodial services general building and grounds upkeep including irrigation system maintenance and operation and turf maintenance and removal of trash and debns that is generated at the Joint Facility Site all as more specifically detailed in this Agreement for the Joint Facility and Joint Facility Site and provide jamtonal supplies and equipment necessary for the Joint Facility and Joint Facility Site Such services shall include snow removal for the walkway and sidewalks on the Joint Facility Site 5 pay the costs in accordance with the payment and reimbursement provisions of Section VII hereof incurred in the planning design development and construction of such Joint Facility and Joint Facility Site and the procurement of Joint Facility equipment as requested by the City and OPL 6 own and operate the School Section and operate the Joint Use Space as a public school facility during the penod of this Agreement in accordance with this Agreement 7 pay the costs of ongoing utilities for the Joint Facility subject to reimbursement as provided herein below at Article V Sections C 7 (a) and D 4 (a) 8 after acquisition by City of fee title to Lot 231 grant a credit to be used solely against the costs City owes School pursuant to Section VII hereof for design and development of the Rec Center Section equivalent to the fair market value of the use by School of Lot 231 for the term of this Agreement which the parties agree is Five Hundred Thousand Dollars ($500 000 00) 9 perform routine building maintenance repair and replacement and parking dnve and walkway maintenance repair and replacement to keep the Joint Facility and Joint Facility Site in good order and repair and in compliance with all laws regulations ordinances and codes subject to reimbursement as provided herein below at Article V Sections C 7 (d) and (e) and D 4 (d) and (e) The School agrees to cooperate with the others and to use its best efforts to 6 arrange any such Joint Facility and Joint Facility Site repair or maintenance work at mutually acceptable times 10 communicate on a regular basis with representatives of the City and OPL through the Joint Facility Operating Committee in order to insure that the development construction equipping operation management and maintenance of the Joint Facility and Joint Facility Site are satisfactory to all parties and 11 provide operate and maintain security systems for the Joint Facility and Joint Facility Site including but not limited to alarms systems provided that School shall not be responsible or liable for any theft loss or any damage or injury to any person or property as a result of failure of the security systems Any installation maintenance and operation of surveillance camera equipment shall be at the cost of the party requesting its installation and use C CITY City agrees to timely 1 accept fee title ownership of all of the parcels of real property which compose Saddlebrook Park i e Lots 230 and 231 Saddlebrook Lot 135 Standing Bear West Lots 341 342 and 343 Stone Park and Lot 317 Castle Creek transferred by SIDs on the Transfer Date but in no event later than December 1 2007 City will cooperate with SIDs to prepare documents of title satisfactory to City and to arrange mutually satisfactory closing dates City will retain ownership of such real property throughout the term of this Agreement 2 plan and design after December 1 2007 park improvements for Saddlebrook Park (aquatic center soccer fields tennis courts basketball courts general park amenities) including but not limited to holding neighborhood input sessions 3 reimburse School in accordance with the payment and reimbursement provisions of Section VII hereof the costs incurred in the planning design development construction and equipping requested by the City of the City s share of the Joint Facility and Joint Facility Site 4 own the Rec Center Section or lease same from the City of Omaha Public Facilities Corporation during the period of this Agreement 5 operate the Rec Center Section as a public community recreation center during the period of this Agreement in accordance with this Agreement 6 maintain to City standards and provide any Excess Maintenance Services requested by SIDs either directly through qualified maintenance contractors or through agreement with School in a manner which will assure a clean attractive safe park including but not limited to pick up and removal of trash and debris turf maintenance snow removal and repair and maintenance of park amenities from and after the Transfer Date all areas of Saddlebrook Park except the Joint Facility Site 7 7 for the enod of time from completion of construction of the Joint Use Facility to the last day of the 120` month thereafter (a) Utilities reimburse School for City s share of the cost of ongoing utilities of the Joint Facility and Joint Facility Site based upon the utility reimbursement schedule attached hereto as Exhibit G (b) Custodial Services & Building Upkeep reimburse School for the cost of routine custodial services and general building upkeep including its share of the cost of supplies for such services and upkeep as shown on Exhibit E referenced herein below at Section VI 4 (c) Insurance reimburse School for City s share of the premium for the property and casualty insurance specified herein below at Article XIV based upon percentage of square footage assigned to City as shown on Exhibit E referenced herein below at Section VI 4 (d) Routine Building Maintenance and Repairs — reimburse School for the cost of routine building maintenance and repair as shown on Exhibit E referenced herein below at Section VI (e) Routine Parking/Drive/Walkway Maintenance and Repairs and Grounds Upkeep reimburse School for forty percent (40%) of the cost of routine maintenance repairs and replacement of parking drive and walkways located on the Joint Facility Site and of grounds upkeep of the Joint Facility Site and (f) Alarm System — reimburse School for thirty three (33%) of the cost incurred in installation and operation of the alarm system for the Joint Facility and Joint Facility Site The costs to be reimbursed for any such services that are provided to School by third party vendors and the costs for any matenals used by such third parties or by School to perform such services shall not be marked up by School The costs for services furnished by School employees shall be reimbursed based on the cost to School for such employee s services including all wages benefits and taxes Reimbursement shall be requested by School no more frequently than monthly School shall submit a request for reimbursement each month dunng the period such services are provided or performed Payment shall be made not later than thirty (30) days after receipt by City of each reimbursement request The parties acknowledge that Omaha Home Rule Charter Section 5 17 prohibits payments by the City in excess of ten years without approval of the city council in office at that time City agrees to submit to its city council for approval in future years amendments for reimbursement to School for such services on the same basis set forth above or on another basis reasonably acceptable to City and School for penods after the 120th month of this Agreement 8 and thereafter submit the same as frequently necessary during the term of this Agreement to assure continued furnishing of services by School Such amendments shall be submitted to the city council at least six (6) months prior to the end of the then current reimbursement authonzation In the event the city council determines not to continue to reimburse School for such services School may discontinue furnishing any or all of such services to the Rec Center Section or to any part of the Joint Use Space as School determines 8 communicate on a regular basis with representatives of the School and OPL through the Joint Facility Operating Committee in order to insure that the development construction equipping operation management and maintenance of the Joint Facility and Joint Facility Site are satisfactory to all parties and 9 provide at no cost to OPL or School snow removal for the parking lots and drives on the Joint Facility Site D OPL OPL agrees to timely 1 own the Library Section or lease same from the City of Omaha Public Facilities Corporation during the period of this Agreement 2 operate the Library Section as a public library during the period of this Agreement in accordance with this Agreement 3 reimburse School in accordance with the payment and reimbursement provisions of Section VII hereof the costs incurred in the planning design development construction and equipping requested by the OPL of OPL s share of the Joint Facility and Joint Facility Site 4 for the period of time from completion of construction of the Joint Use Facility to the last day of the 120t month thereafter (a) Utilities reimburse School for OPL s share of the cost of ongoing utilities of the Joint Facility and Joint Facility Site based upon the utility reimbursement schedule attached hereto as Exhibit G (b) Custodial Services & Building Upkeep reimburse School for the cost of routine custodial services and general building upkeep including its share of the cost of supplies for such services and upkeep as shown on Exhibit E referenced herein below at Section VI 4 (c) Insurance reimburse School for OPL s share of the premium for the property and casualty insurance specified herein below at Article XIV based upon percentage of square footage assigned to OPL as shown on Exhibit E referenced herein below at Section VI 4 9 (d) Routine Building Maintenance and Repairs — reimburse School for the cost of routine building maintenance and repair as shown on Exhibit E referenced herein below at Section VI 4 (e) Routine Parking/Drive/Walkway Maintenance and Repairs and Grounds Upkeep reimburse School for thirty percent (30%) of the cost of routine maintenance repairs and replacement of parking drive and walkways located on the Joint Facility Site and of grounds upkeep of the Joint Facility Site and (f) Alarm System — reimburse School for thirty three (33%) of the cost incurred in installation and operation of the alarm system for the Joint Facility and Joint Facility Site The costs to be reimbursed for any such services that are provided to School by third party vendors and the costs for any materials used by such third parties or by School to perform such services shall not be marked up by School The costs for services furnished by School employees shall be reimbursed based on the cost to School for such employee s services including all wages benefits and taxes Reimbursement shall be requested by School no more frequently than monthly School shall submit a request for reimbursement each month during the penod such services are provided or performed Payment shall be made not later than thirty (30) days after receipt by OPL of each reimbursement request The parties acknowledge that Omaha Home Rule Charter Section 5 17 prohibits payments by the City in excess of ten years without approval of the city council in office at that time City and OPL agree to submit to their respective governing bodies for approval in future years amendments for reimbursement to School for such services on the same basis set forth above or on another basis reasonably acceptable to City OPL and School for periods after the 120th month of this Agreement and thereafter submit the same as frequently necessary dunng the term of this Agreement to assure continued furnishing of services by School Such amendments shall be submitted to the governing bodies at least six (6) months prior to the end of the then current reimbursement authorization In the event the governing body of either City or OPL determines not to continue to reimburse School for such services School may discontinue furnishing any or all of such services to the Library Section or to any part of the Joint Use Space as School determines 5 communicate on a regular basis with representatives of the School and City through the Joint Facility Operating Committee in order to insure that the development construction equipping operation management and maintenance of the Joint Facility and Joint Facility Site are satisfactory to all parties and 6 devote up to one percent (1%) of the Library Fund for public art at the Joint Facility and/or Joint Facility Site in a manner mutually agreeable to School City and OPL 10 VI DESIGN AND CONSTRUCTION OF THE JOINT FACILITY AND JOINT FACILITY SITE 1 School City and OPL shall each designate a primary representative ( Representative ) to represent such party during the design and construction process of the Joint Facility and Joint Facility Site and to attend planning design and construction meetings Such Representatives shall meet regularly with the project architect and the contractor(s) during the design and construction of the Joint Facility to facilitate the design and construction of such party s section of the project as well as the Joint Facility Site In anticipation of the execution of this Agreement the parties have commenced programming and design of the Joint Facility and Joint Facility Site and anticipate that design and construction shall be completed in accordance with the preliminary schedule attached hereto as Exhibit D Such schedule is intended to be a planning tool for the project and shall be subject to change as circumstances warrant Notwithstanding changes in such schedule the parties agree that the Joint Facility shall be ready for use by all of the parties in time for the fall semester of 2009 City s School s and OPL s Representatives shall each approve the Joint Facility and Joint Facility Site improvements design created in each phase of the design process 2 Upon approval of the plans and specifications for the Joint Facility and the Joint Facility Site by School City and OPL School will bid the construction work in accordance with its regular bid procedures and provided that the bid of the lowest responsible bidder is within the construction budget determined by the parties will award one or more contracts for construction to the lowest qualified and responsible contractor(s) that submit responsive bids If the bid documents allows for the bidding of alternates the Representatives of the respective parties will advise School after opening of the bids of the alternates affecting their respective Sections of the Project that such party wants School to accept In the event that the bid of the lowest responsible bidder is in excess of the established project budget the parties shall decide whether to amend the project budget or to re design the project and re bid the work In the event that the project budget is amended the parties will amend this Agreement prior to the time that School contracts for construction in order to include the revised budget for the project in the Agreement and to provide for reimbursement of School for any additional project costs that are not the responsibility of School 3 Upon award of the bids School will contract with one or more selected bidder to construct the Joint Facility and Joint Facility Site improvements in accordance with the bid documents provided however that School will not be obligated to enter into such contract(s) nor will construction commence until City has fee title to Lot 231 School will oversee the construction project using school personnel The Representative of each party shall be authorized to act on behalf of such party in all aspects of the design and construction of the Joint Facility and Joint Facility Site and School shall be entitled to rely upon the directives and consents of such Representative with respect to the design and construction work in that Party s Section of the project including the authonty to approve change orders on behalf of such party During construction of the Joint Facility and Joint Facility Site Improvements School will maintain or cause to be maintained builders risk insurance upon the improvements to be constructed and School City and OPL shall be named as additional insureds thereon as their interests appear In the event of any insured damage or destruction of the improvements on the 11 Joint Facility Site all insurance proceeds resulting therefrom shall be paid to School to hold and disburse on behalf of itself and the City and OPL to repair any such damage as may have occurred Nothing stated herein shall be deemed to require School to expend its own funds to repair or restore any such damage or destruction as may occur dunng construction 4 A general description of the Joint Facility and Joint Facility Site improvements to be constructed as a part of the project including delineation of use by the parties is described on the attached Exhibit E These improvements are subject to change as the design of the project proceeds and the project costs can be more accurately determined After completion of construction of the Joint Facility the Joint Facility Operating Committee referred to in Section VIII 5 shall have the authonty to prepare and substitute new Exhibits C and E to this Agreement in order to reflect any changes made during construction to the locations dimensions and sizes of the various spaces in the Joint Facility VII PAYMENT AND REIMBURSEMENTS 1 The parties have agreed upon a preliminary budget for the project as set forth on the attached Exhibit F This budget is subject to change as the design of the project becomes more fully developed City and OPL agree to reimburse School for the cost of the planning design development construction and equipping requested by the parties of such Joint Facility and Joint Facility Site improvements as provided in Sections V C 3 V D 3 VII 2 and VII 3 of this Agreement 2 School will in the first instance pay the costs of the design of the Joint Facility and Joint Facility Site improvements City and OPL will reimburse School for such design costs as set forth in Sections VII 3 and 4 below 3 At the time bids for the project are solicited the bid documents will require that the bidders state a lump sum bid for the Joint Facility and Joint Facility Site improvements All construction costs shall in the first instance be paid by School as pay requests are received from the contractor(s) School shall be reimbursed by City and OPL in accordance with the payment schedule set forth herein below at Section VII 4 Design and construction costs for change orders affecting only one Section of the Joint Facility shall be paid entirely by the party whose Section is affected by the change order Design and construction costs for change orders to the Joint Use Space will be paid in accordance with maintenance responsibilities assigned on Exhibit E School will not be obligated to commence work on any change orders that require approval of the city council of the City until such approval is received Reimbursement to School for change order costs will be made within thirty (30) days of the request for reimbursement by School School will provide for a 10% retamage from all payments until substantial completion of the project School will provide to City and OPL such documents as each may reasonably request and that are available to School documenting the amount of the pay request 4 The maximum amount other than for change orders the City and OPL will reimburse School for the cost of the design and construction of the Rec Center Section Library Section and their respective shares of the Joint Use Space and Joint Facility Site improvements and the date of availability of such funds is as follows 12 Description Amount Availability Land Use Credit $ 500 000 00 Upon Execution Library Funds $3 700 000 00 January 1 2008 City Funds $1 000 000 00 January 1 2008 City Funds $ 930 000 00 January 1 2009 City and OPL agree that they will pay to School the funds noted above as Library Fund and City Funds on the date specified above regardless of the stage of construction of the Joint Use Facilities or the amount that has been expended for design and construction at such time The amount of the land use credit which School has agreed to allow shall be applied to the initial reimbursement obligations of City for design and construction of the Joint Facilities until such credit is fully utilized Thereafter School shall make disbursements to pay for design and construction costs from such amounts as have been provided by City and OPL and from its own funds as necessary to pay for the costs of design and construction of the Joint Use Facilities and Joint Facility Site improvements In the event the cost of the City and OPL portion of the Joint Facility and Joint Facility Site improvements based on the lowest responsible bid exceeds the total Funds available as set forth above School may request that the City provide satisfactory evidence of the amount and availability of additional funding before execution of a contract(s) for construction with contractor(s) and this Agreement shall be amended to provide for such additional funding obligations In the event that this Agreement is terminated for any reason except for termination initiated by School prior to the start of construction any credit taken against the Land Use Payments referred to above shall be deemed reversed and City and OPL shall reimburse School by payment of their respective shares of such design services 5 City has requested that portions of the Joint Use Facility utilize a green roof design and a rain garden and other similar environmental features City agrees that it will reimburse School for all additional design costs and all increased construction costs attributable to the design and construction of the green roof rain garden and other similar environmental features Reimbursement for such costs shall be made within thirty (30) days of request therefore by School VIII USE OF JOINT USE SPACE 1 Any party may grant the other permission to use Joint Use Space during its respective exclusive use period upon reasonable advance notice and request if the party with the right to exclusive use does not desire to use such Joint Use Space during such time 2 At all times during the term of this Agreement the City will operate a recreation center in the Rec Center Section offering such programs maintaining such hours and staffing the Rec Center Section as it typically maintains at other similar facilities in the City of Omaha 3 At all times during the term of this Agreement OPL will operate a public library in the Library Center Section offering such programs maintaining such hours and staffing the Library Section as it typically maintains at other similar facilities in the City of Omaha 13 4 Neither School OPL nor City shall charge the other for use of the Joint Use Space at any time provided however that in the event use by OPL or by the City or by any third party that is allowed to use the Joint Facility by City or OPL results in any increased Janitorial costs that would otherwise not been incurred City or OPL as applicable shall reimburse School for such increased costs Any rental or use fee charged by School City or OPL to a third party for use of the Joint Facility may be retained by the party permitting the third party to use the Joint Facility City OPL and School shall agree upon a use of facilities agreement for third parties wanting to utilize any portion of the Joint Facility which agreement will provide among other matters for liability insurance damage responsibility and facility use fees and costs 5 The parties will establish a Joint Facility operating committee (the Joint Facility Operating Committee ) consisting of the School principal for the school operated in the School Section the OPS Director of Buildings and Grounds the City s Recreation Manager and a person designated by the Director of the Library or their respective designees The Joint Facility Operating Committee will be responsible among other matters for the coordination of the use of the Joint Use Spaces and will address matters concerning the use and maintenance of the Joint Facility and Joint Facility Site Provided that the Joint Facility Operating Committee shall not change any authorized use or obligation assigned as indicated on Exhibit E without the express consent of the party or parties adversely affected by such change 6 Smoking use of any tobacco products and consumption of alcoholic beverages shall not be permitted anywhere in the Joint Facility or anywhere on the Joint Facility Site No one shall be permitted to store sell or distribute any tobacco products or alcoholic beverages anywhere in the Joint Facility or anywhere on the Joint Facility Site City OPL and School shall have the right to adopt and enforce reasonable rules and regulations for their respective employees facility users and facilities in their respective Sections and in the Joint Use Spaces during the times that such Joint Use Spaces are utilized by such party School OPL and City and all of their respective employees agents and servants shall observe and comply with all applicable rules and regulations as may from time to time be promulgated by the other as to such Section and as to the Joint Use Spaces Should the rules or regulations of one conflict with those of the other City OPL and School agree to discuss such conflicts and reach mutually acceptable resolutions through the Joint Facility Operating Committee 7 Each party (City School and OPL) shall be responsible for any damage to the Joint Facility or any portion of the Joint Facility Site caused by the act or omissions of such party or such party s employees agents contractors invitees or licensees where such damage is not covered by the property and casualty insurance maintained for the Joint Facility or is included within the deductible amount of such insurance If the parties are unable to ascertain that the damage was caused by one of such parties or such party s employees agents contractors invitees or licensees the cost of repair and/or replacement shall be shared among City School and OPL in accordance with Section V B 9 C 7 (d) and (e) and D 4 (d) and (e) 8 In the event the parties are unable after good faith negotiation to reach an agreement to continue reimbursement of School for utilities custodial services insurance and building and parking/drive/walkway maintenance and repairs after the expiration of the term for that reimbursement as provided in Section V C 7 and V D 4 hereof School may discontinue 14 providing custodial services and building maintenance for the Rec Center Section and the Library Section and City and OPL shall each be responsible for providing such services and maintenance for its respective Section but School will continue to provide such services and maintenance for the Joint Use Spaces and Joint Facility Site as well as parking drive and walkway maintenance In such event School may assess a reasonable charge to City and OPL for custodial services and building and parking drive and walkway maintenance of the Joint Use Space and Joint Facility Site as a condition of the City and OPL using such space The cost of utilities and insurance will continue to be shared in accordance with Section V C 7 (a) and (c) and D 4 (a) and (c) 9 City and OPL shall participate in fire drills that are periodically conducted by School In the event the School personnel determine that student and staff safety require a school lock down City and OPL will cooperate in locking and secunng the Rec Center Section the Library Section and the Joint Use Space IX POST CONSTRUCTION REPAIRS AND IMPROVEMENTS 1 Upon completion of the initial construction of the Joint Facility and Joint Facility Site improvements no alterations additions improvements remodeling or other physical changes to the exterior or any structural portion of the Joint Facility or to the Joint Facility Site shall be erected installed or permitted by City OPL or School or any person at its request unless (1) such work is specifically referenced in the initial site plans schematic plans or plans and construction documents or (2) the prior express written consents and approvals of the other parties hereto is obtained provided however that any party can make temporary emergency repairs to the Joint Facility that are necessary to preserve and protect their respective Sections of such Joint Facility in the event of casualty damage to such Joint Facility without the consent of the other parties Any party hereto may make changes alterations or repairs to its respective Section of the Joint Facilities without the consent of the other parties provided such work (i) does not affect the Joint Use Spaces or the use thereof (ii) does not affect the extenor or any structural portion of the Joint Facilities or (iii) does not alter any of the building mechanical or utility systems in a manner that adversely affects the other parties hereto 2 Capital repairs to the Joint Facility and Joint Facility Site except for any portable classroom facilities which shall be defined as repairs totaling in excess of$15 000 and with a useful life in excess of 15 years shall be provided by School subject to reimbursement by City and OPL for their respective shares of such capital repair costs based upon the percentage of square footage assigned to each as shown on Exhibit E referenced herein below at Section VI 4 Provided that School shall be reimbursed in accordance with Section VIII 7 herein above for capital repairs necessitated by damage caused by a party or its employees agents contractors invitees or licensees and in accordance with Section XII herein below for capital repairs due to casualty loss X OUTDOOR SIGNAGE The City will provide at its expense a single outdoor park sign on the north access road nght of way which shall also identify the library school and recreation center functions of the 15 Joint Facility All other outdoor signs shown on the approved construction plans for the Joint Facility and Joint Facility Site shall be installed as a part of the construction of the Joint Facility and Joint Facility Site For all other outdoor signs which the School City or OPL desires to erect on the Joint Facility or Joint Facility Site that are not shown on the approved construction plans the express written approval of the Director of the Parks Recreation and Public Property Department or his designee shall be obtained prior to sign fabrication and installation Any such outdoor sign shall be in accord with established City of Omaha Parks Recreation and Public Property Department signage design criteria XI HAZARDOUS MATERIALS School OPL and City hereby acknowledge that in constructing equipping managing operating and maintaining the Joint Facility the handling of potentially hazardous substances and materials may be required These include but are not limited to gas chemicals cleaning solvents and other materials associated with the use maintenance cleaning and operation of a public school library and recreation center City and OPL shall provide to School Material Safety Data Sheets for any such materials School OPL and City acknowledge the need for proper care precautions and diligence for the receipt storage use and disposal of these and other materials which may pose a danger to the health and safety of the users of the Joint Facility and the agents and employees of the School OPL and City School OPL and City each agree to comply with all applicable governmental laws regulations ordinances and codes regarding the use storage and disposal of any such hazardous matenals XII DAMAGE OR DESTRUCTION OF JOINT FACILITY 1 In the event any damage or destruction occurs to the Joint Facility or the Joint Facility Site during construction which is insured under collectable builders risk insurance policies such damage or destruction shall be repaired and restored utilizing the proceeds of the builders risk insurance policies Any deductibles under such policies not paid by the general contractor for such construction shall be shared by the other parties in proportion to their respective shares of the cost of the Joint Facility In the event material damage or destruction occurs to the Joint Facility or the Joint Facility Site that is not insured and that is not the responsibility of the general contractor to repair then the parties shall proceed as set forth in Section XII 2 below After substantial completion of the construction of the Joint Facility or the Joint Facility Site all risk of loss to the Joint Facility or the Joint Facility Site shall pass to the respective owners thereof 2 In the event of material damage to or destruction of the Joint Facility or Joint Facility Site after completion of construction City OPL and School shall jointly determine whether to rebuild repair or replace any damaged or destroyed portions of such Joint Facility or Joint Facility Site If City OPL and School determine to rebuild replace or repair the Joint Facility or Joint Facility Site they shall mutually agree on the party or parties responsible for the cost thereof including responsibility for any deductible payments and the administration of any insurance proceeds attributable to such damage 16 3 In the event that any party or any two parties elects not to proceed with repair or reconstruction of the Joint Facility or Joint Facility Site improvements as provided in Section XII 2 above the remaining party or parties can nevertheless proceed with such repair and reconstruction The party or parties not electing to reconstruct the Joint Facility or Joint Facility Site improvements will be paid their pro rata shares of any insurance proceeds for the insurance maintained on their respective Sections of the Joint Facility The party or parties deciding to repair or reconstruct shall only be obligated to reconstruct such portions of the Joint Use Spaces as such parties determine are necessary for their purposes 4 In the event that no party wants to repair or reconstruct the Joint Facility or Joint Facility Site improvements the existing Joint Facility and Joint Facility Site improvements will be demolished by School and Lot 231 shall be restored as nearly as possible to its condition as existed pnor to the construction of the Joint Facility and Joint Facility Site improvements provided that the parking areas and dnves that are a part of the Joint Facility Site shall to the extent still useable shall be left in place Demolition and site clearing costs shall be paid from insurance proceeds to the extent available The parties shall be responsible for the cost of such demolition to the extent there are not insurance proceeds available and shall reimburse School for the cost thereof in the same proportion as the parties respective costs of the onginal construction of such Joint Facility and Joint Facility Site improvements Any remaining insurance proceeds shall be distributed in accordance with the parties respective interests in the Joint Facility Upon such demolition reimbursement of School for the costs thereof and distribution of any insurance proceeds this Agreement shall terminate XIII INDEMNIFICATION 1 The School covenants and agrees to indemnify and hold harmless the City OPL the SIDs their respective officers agents and employees their respective successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of the School or School s employees agents or contractors in connection with its operation or use of the School Section or Joint Use Space or in connection with the maintenance of the Joint Facility and Joint Facility Site and the School further agrees to pay all expenses in defending against any claims made against the City OPL and SIDs arising out of the operation or use of the School Section or Joint Use Space by the School or in connection with the maintenance of the Joint Facility and Joint Facility Site provided however that the School shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the City OPL the SIDs or their respective agents contractors or employees 2 The City covenants and agrees to indemnify and hold harmless the School OPL the SIDS their officers agents and employees their successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of the City or City s employees agents or contractors in connection with its 17 operation or use of the Rec Center Section or the Joint Use Space or maintenance of Saddlebrook Park or the Joint Facility Site and the City further agrees to pay all expenses in defending against any claims made against the School OPL and SIDs arising out of the operation or use of the Rec Center Section the Joint Use Space or City s maintenance of Saddlebrook Park or the Joint Facility Site provided however that the City shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School OPL the SIDs or their respective agents contractors or employees 3 OPL covenants and agrees to indemnify and hold harmless the School City the SIDs their officers agents and employees their successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of the OPL or OPL s employees agents or contractors in connection with its operation or use of the Library Section or the Joint Use Space and the OPL further agrees to pay all expenses in defending against any claims made against the School City and SIDs ansing out of the operation or use of the Library Section or the Joint Use Space and provided however that the OPL shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School City the SIDS or their respective agents contractors or employees 4 SID 424 covenants and agrees to indemnify and hold harmless the School OPL City the other SIDs their respective officers agents and employees their respective successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of SID 424 or SID 424 s employees agents or contractors in connection with its maintenance of Saddlebrook Park pursuant to this Agreement and SID 424 further agrees to pay all expenses in defending against any claims made against the School OPL the City and the other SIDs arising out of its maintenance of Saddlebrook Park pursuant to this Agreement provided however that SID 424 shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School OPL the City the other SIDs or their respective agents contractors or employees 5 SID 446 covenants and agrees to indemnify and hold harmless the School OPL City the other SIDs their respective officers agents and employees their respective successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way ansing out of or resulting solely from any negligent or intentional act or omission of SID 446 or SID 446 s employees agents or contractors in connection with its maintenance of Saddlebrook Park pursuant to this Agreement and SID 446 further agrees to pay all expenses in defending against any claims made against the School OPL the City and the other SIDs arising out of its maintenance of Saddlebrook Park pursuant to this Agreement provided however that SID 446 shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School OPL the City the other SIDs or their respective agents contractors or employees 18 6 SID 482 covenants and agrees to indemnify and hold harmless the School OPL City the other SIDs their respective officers agents and employees their respective successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of SID 482 or SID 482 s employees agents or contractors in connection with its maintenance of Saddlebrook Park pursuant to this Agreement and SID 482 further agrees to pay all expenses in defending against any claims made against the School OPL the City and the other SIDs arising out of its maintenance of Saddlebrook Park pursuant to this Agreement provided however that SID 482 shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School OPL the City the other SIDS or their respective agents contractors or employees 7 SID 501 covenants and agrees to indemnify and hold harmless the School OPL City the other SIDs their respective officers agents and employees their respective successors and assigns individually or collectively from and against all liability for any fines claims suits demands actions or causes of action of any kind and nature asserted by any person or entity for personal injury or death or property damage in any way arising out of or resulting solely from any negligent or intentional act or omission of SID 501 or SID 501 s employees agents or contractors in connection with its maintenance of Saddlebrook Park pursuant to this Agreement and SID 501 further agrees to pay all expenses in defending against any claims made against the School OPL the City and the other SIDs arising out of its maintenance of Saddlebrook Park pursuant to this Agreement provided however that SID 482 shall not be liable under this indemnity for any injury damage or loss occasioned by the negligence or willful misconduct of the School OPL the City the other SIDs or their respective agents contractors or employees 8 The City OPL the School and the SIDs shall give prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly contingently or otherwise affects or might affect either party 9 School OPL and City each agree at its respective expense to pay all franchise royalty and licensing fees and protect and save harmless the other from any claims and suits that may arise from infringement of any ownership trademark or patent right or from the manufacture sale or use of articles or services furnished by the School OPL or City under this Agreement 10 The indemnity obligations in this Agreement shall survive the termination of this Agreement XIV INSURANCE 1 Prior to the start of any construction activities and until substantial completion of the Joint Facility and Joint Facility Site School shall procure and maintain in effect with companies licensed to do business in the State of Nebraska policies of general liability insurance with at minimum total policy limits of $1 000 000/$5 000 000 for bodily injury or death and property damage and builders risk insurance The cost of such general liability insurance and of 19 the builders risk insurance required by this Agreement shall be paid from the amounts paid by the parties for construction of the Joint Facility and the Joint Facility Site General liability insurance may be provided by any combination of primary and excess coverages After substantial completion of construction City School and OPL shall each be responsible for obtaining and maintaining its own policy of general liability insurance in such amounts as it desires to maintain 2 So long as City and OPL reimburse School for the cost of such insurance as required in Section V C 7 (c) and V D 4 (c) School will maintain policies of casualty insurance including fire theft and extended coverage hazard insurance including damage from vandalism on the Joint Facility and Joint Facility Site and the equipment therein in amounts mutually agreeable to the School City and OPL with deductibles as are typically maintained by School with regarding to its other facilities So long as City and OPL agree to reimburse School for their respective shares of the cost of such insurance said policies shall expressly include the City of Omaha and OPL as additional named insureds If City and OPL determine after the expiration of the period referred to in Section V C 7 and Section V D 4 not to reimburse School for the cost of insurance coverage School may terminate the casualty insurance coverage as to the Joint Facilities or may maintain it only as to the School Section and Joint Use Spaces provided however the City and OPL so long as this Agreement is in effect shall always be obligated to reimburse School for the cost of casualty insurance on the Joint Use Spaces On each fifth year anniversary date of this Agreement the parties shall cause the liability insurance limits of such policies of insurance to be reviewed by the insurance consultants for City and School Such insurance consultants shall advise the parties as to whether the amounts of any casualty insurance policies and any deductibles should be increased and the amount of such increase The parties shall mutually agree on the amount of any such increase If the parties are unable to agree on the amount of any such increase the recommendation of such consultants will be adopted by School as the amount of coverage for the casualty insurance 3 A certified copy of the policies or certificates evidencing the existence thereof shall be delivered to the City Finance Director with ten (10) days after substantial completion of construction of the Joint Facility Each such copy shall contain a valid provision or endorsement that the policy may not be canceled terminated or materially changed or modified without giving thirty (30) days written advance notice thereof to the City Each such policy shall contain an additional endorsement providing that the insured s carrier shall not without obtaining advance permission from the City raise any defense involving in any way the immunity of the City officers agents or employees the governmental nature of the City or the provisions of any statutes respecting suits against the City 4 Each party hereto shall furnish to the other parties satisfactory evidence that it carries Workers Compensation Insurance in accordance with the laws of the State of Nebraska or has an adequate program of self insurance that complies with the requirements of law 20 XV LAWSUITS UPON TERMINATION 1 School acknowledges and agrees subject to Article XIII that any claims or lawsuits pending as of the date of expiration or termination of this Agreement or made thereafter arising out of or resulting from any act or omission of the School in connection with its development construction operation use maintenance or repair of the Joint Facility Joint Facility Site or School Section or School s use of the Joint Use Space that is the responsibility of School shall remain the obligation and responsibility of the School to defend and that School shall have the obligation to pay and satisfy any settlements negotiated or judgments obtained therein 2 The City acknowledges and agrees subject to Article XIII that any claims or lawsuits pending as of the date of expiration or termination of this Agreement or made thereafter arising out of or resulting from any act or omission of the City in connection with its development operation use maintenance or repair of the Rec Center Section or City s use of the Joint Use Space or maintenance of Saddlebrook Park or snow removal on the Joint Facility Site that is the responsibility of City shall remain the obligation and responsibility of the City to defend and that the City shall have the obligation to pay and satisfy any settlements negotiated or judgments obtained therein 3 OPL acknowledges and agrees subject to Article XIII that any claims or lawsuits pending as of the date of expiration or termination of this Agreement or made thereafter arising out of or resulting from any act or omission of OPL in connection with its development operation use maintenance or repair of the Library Section or OPL s use of the Joint Use Space that is the responsibility of OPL shall remain the obligation and responsibility of OPL to defend and that the OPL shall have the obligation to pay and satisfy any settlements negotiated or judgments obtained therein 4 School OPL and City agree that they will jointly handle any non monetary equity claims pending as of the date of expiration or termination or arising thereafter XVI INDEPENDENT CONTRACTOR It is understood and agreed by and between the parties that any acts that the parties or their respective employees agents contractors or servants perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of the others No party shall have authority to bind the others by or with any contract or agreement nor to impose any liability upon the others All acts and contracts of each of the parties shall be in its own name and not in the name of the other unless otherwise provided herein XVII APPROVAL The parties hereto hereby declare and assert that all preconditions including resolutions ordinances or other necessary board actions have been passed and duly adopted authorizing the implementation and execution of this Interlocal Cooperation Agreement 21 XVIII GENERAL CONDITIONS Nondiscrimination The parties shall not in the performance of this Agreement discnminate or permit discrimination in violation of federal or state laws or local ordinances because of race color sex age disability as defined under the Americans with Disabilities Act political or religious opinions affiliations or national origin Captions Captions used in this Agreement are for convenience and are not used in the construction of this Agreement Applicable Law Parties to this Agreement shall comply with all existing and applicable City ordinances resolutions state and local laws federal laws and all existing and applicable rules and regulations Nebraska law will govern the terms and the performance under this Agreement Interest of the City Pursuant to section 8 05 of the Home Rule Charter no elected official or any officer or employee of the City shall have a financial interest direct or indirect in any City contract Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or Council Interest of the School, OPL and SIDs School OPL and SIDs covenant that they presently have no interest and shall not acquire any interest direct or indirect which would conflict with the performance of services required to be performed under this Agreement they further covenants that in the performance of this Agreement no person having any such interest shall be employed Merger This contract shall not be merged into any other oral or written contract lease or deed of any type This is the complete and full agreement of the parties Modification This Agreement contains the entire agreement of the parties No representations were made or relied upon by any party other than those that are expressly set forth herein No agent employee or other representative of any party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties 22 Approval of Amendments The parties hereto acknowledge that as of the date of the execution of this agreement Section 10 142 of the Omaha Municipal Code provides as follows Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent if the original bid pnce is one hundred fifty thousand dollars ($150 000) or more or (b) by seventy five thousand dollars ($75 000) or more shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits However neither contract nor purchase amendments will be split to avoid advance approval of the City Council The originally approved scope and pnmary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council The provisions of this Section will be quoted in all future City contracts Nothing in this Section is intended to alter the authority of the Mayor under Section 5 16 of the City Charter to approve immediate purchases Strict Compliance All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written and no substitution or change shall be made except upon written direction from an authorized representative Assignment None of the parties hereto may assign its rights under this Agreement without the express prior written consent of the others Successors and Assigns Bound by Covenants All covenants stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives successors and assigns of the respective parties hereto Authorized Representative In further consideration of the mutual covenants herein contained the parties hereto expressly agree that for purposes of notice including legal service of process during the term of this Agreement and for the period of any applicable statute of limitations thereafter the following named individuals shall be the authorized representatives of the parties 23 A City of Omaha Steve Scarpello Director Parks Recreation and Public Property Department Omaha/Douglas Civic Center 1819 Farnam Street Suite 701 Omaha NE 68183 B Sanitary and Improvement District 424 Stone Park Omaha NE 681_ C Sanitary and Improvement Distnct 446 Saddlebrook Omaha NE 681_ D Sanitary and Improvement District 482 Standing Bear West Omaha NE 681 E Sanitary and Improvement Distnct 501 Castle Creek Omaha NE 681_ F Douglas County School District 0001 a/k/a Omaha Public Schools c/o Assistant Superintendent of Business Services 3215 Cuming Street Omaha NE 68131 G Omaha Public Library Rivkah Sass Director 215 South 15th Street Omaha NE 68183 The address for notices may be changed by any party hereto by written notice to the other parties to this Agreement 24 XVIII INVALID PROVISION In the event that any covenant condition or provision herein contained is held to be invalid by any court of competent jurisdiction the invalidity of any such covenant condition of provision herein contained shall not affect the validity of the remainder of the covenants conditions or provisions of this Agreement which shall in all respects remain a legally binding contract and conveyance with the invalid portion being deleted provided that the validity of any such covenant condition or provision does not materially prejudice any party in its respective rights and obligations contained in the valid covenants conditions or provisions of this Agreement The parties hereto specifically agree that if the transfer required pursuant to Section V A 1 of this Agreement by any SID to City of fee title ownership of any of the lots which comprise Saddlebrook Park is declared invalid by any court of competent jurisdiction SIDs shall maintain fee title ownership of such lots until the earlier of the expiration or termination of this Agreement or annexation of such lot by City and shall permit the parties hereto to continue development construction and operation of the Joint Facility and Joint Facility Site on such lots in accordance with the terms and conditions of this Agreement IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above written ATTEST SANITARY AND IMPROVEMENT DISTRICT NO 424 STONE PARK By t Oa / J /C//e/ 7 Chairman 25 IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above written ATTEST SANITARY AND IMPROVEMENT DISTRICT NO 446 SADDLEBROOK /,-d 'e By _t.....�I Chairman -40WEN T o 1ti11 s' J T h �� o F1a'� �'"' +, 1,��t NNbS,.--` IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above written ATTEST SANITARY AND IMPROVEMENT DISTRICT NO 482 TANDING BEAR WEST CAE--e>L By Chairman 27 IN WITNESS WHEREOF the below listed party has affixed its authonzed signature and seal at Omaha Nebraska the day and year first above written ATTEST SANITAR 11 I 'ROVEMENT DISTRIC r NO 50 r LE t." K gr,,e/a0. By ,mt Chairm. �� 28 IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above written ATTEST DOUGLAS COUNTY SCHOOL DISTRICT 0001 a/k/a OMAHA PUBLIC SCHOOLS — N j(N-j Secretary Board of Education President1Boord of Education 29 IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above wntten ATTEST CITY OF OMAHA 096e44a /•$'2,4166/ 91'24'6'1 )914)24. 04-4-43 -2-0-0/ Sandra L Moses Deputy City Clerk Mike Fahey Mayor Approved as to Form Assi t t City Attorney 30 IN WITNESS WHEREOF the below listed party has affixed its authorized signature and seal at Omaha Nebraska the day and year first above written ATTEST OMAHA PUBLIC LIBRARY di, 7 -Z- -J-7- , ,c-------767207 Board Chairman P 1PRPP117593maf doc 31 4 GREEMENT EXHI BITS AG S:fUUf f 11r10{)h'.rOf;Z r r:I(/1/71:•,S[Yt0(IL/I_lr;R.4R1/RricRE f"iOX(ENTER )rrr‘rlr,r I'rrI Libr, frl,,cl' lirry rurkru Exhibit A Plot Plan 1 1 Exhibit B Joint Facility Site Plan 1 I Exhibit C Floor Plans 1 8 Exhibit D Preliminary Time Line for Design &Construction 1 1 Exhibit E Presentation of Partnership Authorities and Responsibilities 1 7 Exhibit F Estimate of Probable Construction Costs 1 5 Exhibit G Utility Reimbursement Schedule 1 1 21 August 2007 1 of 1 r 40, - r 5- .] F 44 t _ 111,,.err ,r r4. 1. ..-J . ; -, K "v ; 4`+ ' •_N 5 3 rYt,t� 1 r''x`xv kf"°'!Ir t .,F,t: .. �" � i ;� , p,1.:-.�1s �. r'.°f"" i ,•fit E 4 :.4, .4S '••,, ` - ' ,-•�` f„e• �i \�,:` -c, �1 t✓fi #ps f^fr -dt`� z_• , 7 ^ t It ., .,, F+ �i� �' = • �'a}�€ �rf'" �-'� v -r'i � - -i..7e � b ,r s t_...:.%a�`y „ jl'3 `B :s ft , .,. � _�,5:.'".u::..-✓; ., .,: ':. „y.i:' y':f,�' y� • rr % r - € N.'hs'r '''r S .:rF '�� F^ r 1.' �1 _ p:[ ^, , .,x, Y : ' - ' d 1 - 5.:- x n ;•!- ',:'- yi w 7�4C _ o.,» e S� ` c F_ 1. - <A`_ ,g ‘ � .. tom ,,F t - _ _ t. 1 as 1 _ fF1, ` 3 '"... x3¢.x §- �F fp P" �4' .✓'' w` •k.A' - 1 8 •, ,-N } • �,, ^*,� rg ri" ..r'';`rrt?�°`"_"e��k� q ; � � "�€' m '''� i -'. � �,'�,ivi°'f ,� �.,• %Y'- i > ! , s` "s5 ssn ,so- Fi 'D , t fS3- ,Y�- 'aF` l:.t. 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PRELIMINARY °TIME 'LINE FOR DESIGN & CONSTRUCTION ..vimil..03N00E JOINT!' iCILII1'. 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Ii i1<II lli €111 €r f it I Er , � pI# '�€{i, �1 � �, l,# f� I�1i1 r!l l�11 rllil i 1 i ll I E III 'll,11 � T 1 I Il i1l ill ¢ 11 I (! 111 {1"Brill i41 ,f i(LlO Ili I lit 11 rill I�'llli=; t I liil Hill' €f ii ►I I ii i i!i,1IIlliill- 111 i I�1i II 1 11({111i Is l i [!I{If I ii,l€Bill llll i i 11i1 iI Illi!'IlHlllti1;i� 3 lE'41 I I!I r1 ltllllii+{1 Ir llfl€t!!I iI11 Lill Ir'I't!II f€111 I II!Id ui1111 t lill II Il ha€IIIuIiEId1r (1�I 1��IE Il i I{ i 111if!#11 CONTINGENCY &ESCALATION &WELL FIELD LL {I r1 III I€I t t N ll i Ill r t 1 If 1 I` ! , 11 , #iliti"1,+f l i I 1 1 I.' €,l i 1y 1!'il1` r MiIi1 I t€i1 1 'tf JIit 111!II rdl ftl f I110 fi r1lltlllII li I!I 1 II 11 1111111 1 ii 111 1 ( III n1 I I 1 l Contingency 5/ t1 i {l 1ra3{tii ili I lr lMii4fr $ I1024a5Tii,E { 6 1 I !iii 1 i 1 i f ! i�)I , 1 { 1 {# I i1#f1111!' ContiDesign 12 5% ; 1,1 f 1111 !1#rr i,7illiilllf Ili i 11, 1 li`rI 1 ill It11t f€it i11`{ ill r r' i k 1111111 E 111 Itl 11 I E lll� 1 hi I II Il II 1 l E1 I f { 1{ 1 11 Bidding 1 II 1 11JJJJ II IIh Ii €I i4!,f I I III l 4 t iill It lI! t 1,}{111E f i1{(!i,i 1 it I llii 1 PI it I f it I l'Ii 1 I if II r t I,f I� 0 ri 1 till I€f{E I J ill1# hill i i 1 Stl -',g,1i 1'T 1r 111I i ill 111i{;11121f11I Illiiiii II111I1' 1,11I,I11 lit i(l I,,,if,i, i„1I[ilI liEI 1,1 11. l El r lilt l€111 Construction 2 5/ I f €iiirrr ]E 11{ i,! i II I �i � i ii I ICI i liii , € i li I I t I III! i 1 1i,I f 1 II it 41' a 1i I ll!i r1111 {E Ili r I11#l I G i I 111 I lE i 1 1i 111E 1,1 !ll€i t If r, i I 1f rE I li 1 i i ll I I ill{1 i ,Lill i 1f l I l } 1i P 1 1. €If 1 r I'll i 1i l i1� Ili 1f 'I t 1tI 1'I l ' *1 i1 ! ji,i ll I R ll 1�1 € 11,1 lid 11 a!( t till 1t1 i III hi ii#1#i €111 h l ll r�i I I 11111111,1 lI I I113111 rl i 1 `11I o # ! 1# 11 li ! 1 l €1€ 1 Escalation 2/o t €Ill+r 7 ii -111 , 4r I l r 1 I il1'S i llllr{ (�i f1 l 1i f 1),!! J1)11 I . ! Ir j li,d 1 'I{I i 111111 I I ithi 1 1r i 111 l{ifl i ill ill# 1 f I i 11�f 1i lip,( r iC ifi I i Elll 1111,111141 1�11 11 1 it i € f Il1E'1� I ill# r 11 111 11� il'ill'I Hi iL f I iil ` ililil ] Ill,i 1II I ii iIII 1111 I E €}ql jrF .i if i f it E tt 111 1#11' I l 1 i ItI1lWell Field1l I iti,€ll1!! llll , LI ,J tl! it P I Illlilt I€€, Sf 11 ii �Illti �1111i€G iti € 1 ll 14 i 11116a13 I ll1 iii i ' 11 y3'4UC1#i# 111 1[I1# # !hill t17� }p0 i ll! E 11 1 1 1 li I,!II I' , jit 1 ! y 1111 ill 1 {II li 1I�t' II'' bi illI tl i Ills IfI l i1,3 I! i i#1f1 II hit ll I,IlIIIII 11, ,.I l ill! I _E_lIrI1111'1i1" irsliIli 1 I` 111I i lllllillllllilNr�IPih 11� ,+ii!Ili lilt llillitrlll€Ili li#il!#1,111 fill 1 11111�Irlli€E{i111i1i III ddlU lt�l l 11u 1ii111i1 PROF SERVICES!CONTINGENCY/ESCALATION SUB TOTAL $ 2 772 161 $ 343 530 $ 530 778 $ 3 646 469 I�IP Ill Ali'"Ill�l!�Il ill=}11 1111r Iil'l i pillrifilliifii�r1Rlllllr EI tl 11 its Milli itH11rIlt111 11i } i€l flil Ili lilili 1 ll1 lhililF�iij 1(�1111 1111111Ii111111'lI1lI1iiiiI INII'H11�111�l1i1111#li1t 111lIifll ll ! 1IuI!iI ICI. 111{III II 11 i! 1111.it 111 1Ih1 Ii1i tlr 114 It I f!ilIr111?ill II.ill I iI.11I1 !ii III)1111111�I l,li�!i,III TOTAL CONSTRUCTION COST $ 15 833 598 $ 2 022 363 $3 021 319 $20 877 281 (Hard &Soft Costs) FrI 'Ii'iii]l1r i $ ;t{ 1l i {3i I I, i _11.Ihi Ir I( Ir'jl : Itj r 1 I{llll111ill IBill #1 11 lull€h111 1 i il 111flil lif Ii !111 11 1- 111 1 t t E!if�I Il- Ii flil il Iill rl#11 #i1ll t`i it IIri tilt F r II r`{lrsili,i1 l,11{i�1{il1 If ,l 111ht€r dim Itl I lit 1r 1 I I ills fl l l 1 11111!i if I1 r Elul i !1 I 1,1 I[1 I E 1i 111I €lIi d t1 1ilE ifli1 IIIE 1,it1 furl III! 1111 i r I Ef°l1 t I; rl E IIII E1iii1 ,ll iIr i I li li, I Il ill I { € If I!I I €II l l' 111 11 l i i i1i 1 !I° 1 Ir 1 I I lillif{1 l 111 � 1 II I Illy# '€i/1 IIl rl 11if 1i111 {}11 II 1{i 'k 'II1� ill i 1 l i i1 1 i r 1 il1 € 111 I Ill 111liE1i IIIII 111111111 1 I1 11 ti { i{ ij i 1{ t (i Ill t I i iit i l it i! 1 l l 4 ll I r 111 i I 1 i f 11E11,�7 1!i lil€If Ili 1111 11 II II1F ci 1 1 11i l{i lE i 1 III I 111 1111 I,1 (I ii I 1 li r# Ir Pill I l fr 11 1II I I # i# 1111iI 1 1111i' l 111i 1fiu€11 ! 1{ II 1 II i �rl [ ill I I 1 # Ij I1l 11l 11 i 11 ri1 'i1J I i 1i t l ! 1 11 Ill1 i{ I ll l I 1 lrr3l I #t}}Ir 1lt I i 111ii} 1111 1 Il#1 1 1l I�11��, l i l r i' ,,iit1 i if i gill I li ill I it E 11 (II It 11!1111III Ili 11, I ti f11 'fr li lllil 1 l S}1 I I E II III 111111II fi rlIi131,1 i1#i 11i 1,1 i ll 11i111° !{!1111 i i i Ilfll �" €!I to I€#I trl 1 iI 1 { �1 i1 f '1l�I 11€I I 4!i 11 i Ill#if{l!€!f rll l!1i 11,11 �il i1 i ll i It l! 1 Il1L1,E i l i1.1 I l ri 1 i t II Il I l€lilllli 1 I 111111111 141111111 I I i 111 Ijll:I lit I ill 1111 i 1 l ! i f i l 11 i1 ti fi llll f 1!I I ll I{ I l lfi I I 1 f E1 t !ri1 l i i Il lE ! l i II 1i Ir r 1 i E1 ui i 1 It I t i poll €1 IP 6 i# i i I pl it II( I I(t I I i 1i l itll t r rll f 1� i f!I,I s 1I1 III ll1 1 II l 11 lirllt I if I i1iI I ! r r{i I i I III' l i li f11 11111 1111 r 141,, 1 11 I[ I l d I1 11 E Il�1 i. ,ii l t 1 , #i l! i ,I l {I qi i 1E1 i' I l�11'I €li}1'�11 I lI t 11111 ( 1 lii,#� lllltl Ilijl1 iiil 1111r11 1 i 11 Ill 1i 11F I i11111611iE1(11I�11�I�IlyllI 1, !'fidi ll!iI{'1 1i 'I Ili 4 i i 11i i�rli i1 Ili hill!1II !i ktl llllllllili!I! 1!{I llii,Ii,l 1il11t1fl1,llrlll L,iHh! 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Ili III !=,1Etl1i,!{!!1!�i � 111t ! #1111 Ir-tlli 11`) �!iI iIlI I l I illlfl 1 i 1 I i 1t l dill! i 1 I l I1 i i It , ,Furnishm s ill lli Ii t f ;I ! iIl , l t !GI ,ICI i �!t 1 I IIIl1 Il 1ig 11I 1ht1 t# i t t 1111 11S #111' 111 II1 Il ill l rij 1E! Ill 111 IIi11 IIIi 11 I l°I ! 1fi# lI11I1 1!I t Ili. El, I t 11 iilllllI,tl ll Ir " ij I It "11, I Ir i I r { Ifi II School $#1 lit "I_,1 �ii` l<$ II11611,1i1-14,i!IIIPIlli l€ilt Ill' i' "I Ih € t1' 11 f { ilI1 1i11 111111 II -1lilt 1i11111Libra II 1 1 I hull 1 ,tit Ill rttil tr' 1 1111E ! !i It; 3 Ir l 1 t l Itry it I l l III4tllr1 1 ft $ ift I, l 1 1 I i r11 i 111�i ,iiii I E I ll , lilt t i 1 11! 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E tl l Iu I l l#iri 1111Fl lilri I tq! i"1 it It 1 fr I1f I tl I tt!Ii Ell i !II Ill i !!il Il t ljf i iE oil t i t t 1it1 illlflt!111#1 i lI 1 t�' " ''}i 1111h�EI t111'llll"II Ill«{,illst V , I"tIl I il,l 1 1I1111 1 I ilil Ii!"1 , I I E f E l"1 t1i111i1IIl1iI lil it1ftIIIilli tll 11111111=1"111lllllli . #11111t'1 1111�111111i1 11iNI1 1111 111' Iilillli ll#t1,�111 I�i 11111Ifi11"I111;'I 111i11111#Ir 11111111i111 till1rl111lE IR11I�iilll ll�llti" CONTINGENCY(on Moveable Equipment 1 Furnishings Costs&Professional Services) 1111111!'r I N I►111i1'l ll 11;1u I 11lll l ttilll ll'1111111 I ii 111 t 'I II 11, 11111 tIII 1" litl}"1 I l t[it l tl 1{I I11t l; lIIl III tlj ll'1� 1!1/i111 401111111111111 IIi lIII 1 i i "I II t 11111i 11111411111 1 t 1 I,i j I i 1;l{Ii{I4l11 r II1#i tit 1 t l �I 1 l 11Ii'1ii!I Budget 0/o i 111 'IlgllgE���!,1 lit li;111 iI i$,l I 11ll 1 1111111111111111 i, j , 1 1, "�1 1�r it tl , ,:I 111 li l VIP!!liil 1 I111 t11 ", € Ill! E1 1 !I# 11 i I I 1 f}r 11111I #1 i1114il it 1 11 Illl 1111'1 li11111#I sl III ; IF'1i t111 I �illr llli#I'll`1l:!I/ill I Design/ Bidding 0/ ;li I 1!11 IIi litl i I i111r11 iil I,i, i 1,i r1#E t li it i Ii j lit, l I 11�I 1 Illi1it11" 11lltn it 1 1!t I II'lit I i 1 1I l t 1iu f,11 141 .I,,It It#I 1,11 Iik1 t LI,„ l„.11 ,I, "1=Ir;t1 111€l I1111111, rill,II r ft t111 it 11,1,l!"'n I Ill t11I i'ii II lit 11111 I it 111 t,i,Glli1 1, Ill Construction 0/o ti I Ei 111 l i i E # 1, i t l I III'i i I III i 11, i I t In d t I 111 i {{ I I i �p{!li tl'i Illil tll"" f1 it�l!tit f l Il i 11 !it l 11#1 hill tl I11 Iu i I 1 1 I t1 i l 1 I Ills ,IIi !I I"Illit i I'�111 l tl IIIIIl11 I!11"i ijf11111 i " t1 �l}tt i I#t t I DO II f ill! I i1 In 1 I I I I I t 11}I 1'1,11,I tl i i tlnlli "I I"!1 1 -1il It� 11 1 1 If1 111t 11 Bill ll I111!I 11'`Milli#'+EI�I,1u`t 11i1!Il'II. i;l,i11111 t p 1ltl'lill lIti II1 11! tl I1't !l l t�Ill I IIi ij l'f Ell Ili II1 I,111,11111 ,I I�l Milli"llllil1ll°111,1141)1j i11t ilf1{f litrl lli II ti rdl i ii rllt tit 11,1 WI I; ,,ip if I LI,1'ill 1 if flft!' F l lli 1.i('!i i l 1l! #I If I! €{ I rl 'II/,!h l I Iljt j!i l4t't #lt i Et f I" "1 TOTAL EQUIP 1 FURN COSTS $ 500 000 $ 953 436 $ 149 6DD $ 1 603 036 i I li Ii ifli1t t}i rr�11,t Ill i t111 ii 11 t t iirr'I i tl"I" I i I I "#t ll JI1111 It Ill i r "1 I i i I9 l I Ir 1� rltf ti 1111 911,.i11117 I't I i ui t 1 E t ii i1i ��t�Itl,illt 111If gg-Ill 111�1�i`I�ll'r �1,1�11 1i11r#�,111! Ill I,I illl,lll�I Ir1t#illl 1� 1,111j Lit�Ii fi( j 1I t1"1"It �""It I 1111 I 1 lllltt I i 1!I ltil II111 I"11 a' li.l hill.,..... tau#iu .1' ....1 Il.1 1 1t t.lit 11 lfl it.fl11 14 gill ii ill t 111111z sit t !!11 Illll lu it iE Il it Ilta t!ll1111L1 ill,IIIIII II I11t11 11'ill I 1 21 August Exhibit F 3 of 5 IIII a'lE't 1111 t l'1111 (�' I I fti11 E il' d(ltillill !1" n1111! i 11 1i !" 1 'll I,i1EI li t€l1 1 Ill ll°III$ I I € I I� 1I I I P 1 1 1 I.1 I III1111!' 1, f j. l1 It ! III III 1 r #! !p i rt 11 I l YI I[€ t !• I i3{i t `'I€ 1Ili r Si I� ;i? r III1 11II I III J 1 I tI#II I !:11iffi I III( `• ,1 1�}# 'E i it}r�i IIl'iI 1 i1 t i' 11 •1 1II #€I 'i t 1 ii I IIEI�I I i`I i ll IjtjliI �111111}i(1 1 I II�t� � d1, I f�ll�I 71�fi€I€R 114101111i. I€1, I €1 fff 1fI l I I#�i !Il i�Iliftq �1€�� 1! �I III f II I II I i t fiI ii f• ' t,1 li 1 t !" II 1I i I�lllll 1111 i I l 1 'P� II -Iui 1II1j!4 {I tt i I II I l 1l h ��$i1 I G u III 111�i1il p� ii Ipl II �I Il€ IIIII�1 I I I Il€ l (,Il �N € 111 11 li 1I� 11a € 1€ 1 II l I I(## ! tom�t__ 1 f 1P�11}#}1 1 l�$ 11 F�® $l '1 I I I II 11 I I I I 1111 1111�l lIIr'111II11 �! `i Ilfil 1� :Bill hi!€t l €l` l !t1 t 1 salt rill! I II III !IIII € I'il l il I!I I it l 1111 I i II I izjli�li 1! 6h I#1111111!11111111 1IIIIII IEII 11 I III IllIl� IIItili !Ilt a l 11 1 ` i+ 81 I 11{11I r I hu ! €i I I i t Eil tl ' I I#i 1$i i I i 1I All, "I II 11 11IIlI En �.1 € ri1f111 lil I € lqI li I+f'1 tl l€111(i11 111i>1i�11111m (€,1 111111 j!i 111 Ili€gyp# Ip,it lihtlilli h'II 111 I Ii .11 i,,II��l, ' 11�111II,, ilij,II iI.,1 i,II,i,III ii r 14i 6 r131'#a� I I�i l( I,rrlll,l r �II Ilrl�l�ii I it i 11 111ti s II-#lii�I III IIII, I'I€h,I 'lr,u� i i € I .Ih ,.t�if l lili� i, GRAND TOTAL $ 16 333 598 $ 2 975 799 $3170919 $22480317 ALTERNATE BIDS, GREEN ROOF 1F ri l f rp l i1 l a lFll i}!gi ' hl IP$rl'li II�{ I Ill'111/If 11 Illr'17 ihTnil'il 11i II m r"Till I Il 1$It II ` ,� I q '11ii11i 1 !1 II I I I ill 11 11€ II III i I i IIII I I I h 1 t 11 I I I 1 Il €I 111 PI II 1 I l II II 'i#I iliil liI II#i I II I1 1Jt I1I11 l Il h,11 I t'tli' '1fi It i €id 1 lt1 l' !1 111t11Il#I (I I€ 11,1 vim! it 1111 t iil1 ll=1il li�1IIII l i ii 1t i,1i11 t i H 111l ii II i 11 ,1ttt Iit 4411 i ,1 i t i1 I�R lE f i !,1"1 III i I Il 11II lull ii i 111€I i{ 11 I i I I i I�I 11ii111 III l I RAIN GARDEN ii il' 1€ I,li's31yyx I'II IN}I # 'Iii! IIII 1' I IEI, ;€. E' 11 1 It ii 1t' t1 1 ,1 I h III! II 110 1#li1 ill•1 #!i 111 iiI l #1 ph lIl I1 111�hlll I 'Iii 1 I III I sr Iil1 i1'1i it Il 11 t S l Ill € 1il ilr iil li t h1I i 1 III I It'l l i 11 1 1 1 t 11 N ! II 1! f l# 11 1 # 111111iN€h 11 It1' € �li II 1 €' i f I i i 1111 Ili i 1 I 'ip i( I II'111#,l! r11 11 I III 11 1 11i Il 11111111 I I 1 I I li it€III 1 I lij'IllilifIllilllitIli 11lrll Ith1 III 'li'1 I` lItl Eis I it i! I (i#IIl Ii i I $II I I p#11!i!!IIII iASPHALT PARKING i Ii 41l 1I lqlillIIl11I�11111 III I 11!i1€ I I H 1 I I S E 1' €l'I i 11I it, ,1 II I!{€# I 11 !1 II li r 'P 1111a {I 11 € i $ III I IIII` 11 11 11 1l flit 1 Ill 1 Illli€r 1r II I II i I I Etti 11 I li!IIII� sI 1 I11111 IllII1III i1` 'i,pIlllh 11 Il; 11t � ,I I111 IIII 11 ll`> 11t011 r I#111 1l ( 1 I 1II ! "Ildt,l 1 II it ui € 11;11ll iIll IIflI# }, It 11 Ii f1111 111�I l it,11�11111 r f11l11 �I I lillit1I1I,1 € II 11 1 11" i iN Illlrlti I I,i i11'Id'11 11 iI t I I ,# r i I t IIII 1 1€lill it II IS I111IADDITIONAL SUNSHADES 'I! 1 I ilti III 41111 it ' 11tli III ill' 1 I '4 11l1# i Ill ! iii}11 Ili ill I lal Ill I 4 €€I 'li 11113 t 1 Ito ll I III 1 III 11I it 1 r Ili 11t I I 'I II q ir1 III( 11 lI1 l IiIn 'h i ll 1 IlllllI IIII ii 11 � !IIII 11I1[I III!It I !i 1 Mll 11t 1i €I1I I 1111 -III 1 11 1 l.€ti 1It i r11 11 �IllBASKETBALL GOALS Illi l`. lii iiiitI1il iii 11 l 1i11ii#I1�111 � ll ililr 111�11 II,rillLliiilllIr11111#I1IGI IIII! Il#1111111i11#I 3 , 1111Iu111111111 Ill TOTAL ALTERNATE BIDS $ 440 965 21 August Exhibit F 4 of 5 SOURCE OF FUNDING s.•lnDcr.BRoor 'T I-le/Larry: s(rroor!LH:R.1R)./RL(RL:ITIo (:ENTER Onrrtlhrr Public S'clrnnls!Orurrlro 1'frhlic Lihrrrrr!Cio•of(hmrlrrr I'rrrl;c c4 Rc'c:rc'rrliorr • E:11i�7i1 E_.(cuori1.j OMAHA PUBLIC SCHOOLS LAND USE PAYMENT $500 000 OMAHA PUBLIC LIBRARY CONTRIBUTION $3 700 000 CITY OF OMAHA CONTRIBUTION $1 930 000 OMAHA PUBLIC SCHOOLS CONTRIBUTION $16 350 317 ESTIMATED GRAND TOTAL $22 480 317 21 August 2007 Exhibit F 5 of 5 UTILITY REIMBURSEMENTfSCHEDULE. S 11)1)1:1 11IdOUh .1!)1:\'"! I it// 1!} S"(. 11O0/ /1 1h R."I R)'/'RE(RI:-i WO\.0 1::\I l ld.? (J>>r ilir?rrl(i ,tip 'r, ,l -i(Jr i<ilzrr / irl lk�`l.N i r�t./,{_'rii a/�llirrrrlxr l'�rrl l ltiv r c(I ( ,, E�Irrl�rt G UTILITY REIMBURSEMENT ASSESSMENT OMAHA PUBLIC SCHOOLS 71 2/ OMAHA PUBLIC LIBRARY 12 3/ CITY OF OMAHA PARK RECREATION AND PUBLIC PROPERTY 16 5/ 1000% / Determined per Custodial Breakdown of Exhibit E 21 August 2007 Exhibit G 1 of 1 ORDINANCE NO /6/2fr7 AN ORDINANCE to approve the attached Interlocal Agreement between the City of Omaha Douglas County School District 0001 a/k/a Omaha Public Schools the Omaha Public Library Board Sanitary and Improvement District No 424 of Douglas County Nebraska Stone Park Sanitary and Improvement District No 446 of Douglas County Nebraska Saddlebrook Sanitary and Improvement District No 482 of Douglas County Nebraska Standing Bear West and Sanitary and Improvement District No 501 of Douglas County Nebraska Castle Creek for a 50 year period commencing on the date of execution by the parties for the development construction operation and maintenance of a joint facility with public recreation center library and school functions to be located in the Saddlebrook Subdivision near 148th Street and Saddlebrook Drive to authorize the Mayor to execute such Agreement to authorize in accordance with the terms of such Agreement the acceptance from the respective SIDs for the use of the City of Omaha Lots 230 PRESENTED TO COUNCIL and 231 Saddlebrook Lot 135 Standing Bear West Lot 341 Stone Park and Lot 317 Castle 1st R a ing AUG 2 2 bpi Creek as dedicated park property for ,/ u o �! IP development of such joint facility and park and e. vd for other public uses to authorize the Finance PUBLICATIONS Director to make payments in accordance with Hears g 2007 the terms and conditions of such Agreement and to provide an effective date PUBLICATION OF HEARING P 1PRPP115936Apjm doc -- �7�tDd I Final Re9ding 2007 O//1 I�r1� �'f PUBLICATION OF ORDINANCE � �� r �'4U�d Cl arzir- d LS- a Date q a o Ui BUSTER BROWN City Clerk MOTION BY COUNCILMEMBER I hereby move that Council Agenda Item.3si Current Series be amended as follows Substitute the attached Interlocal Agreement and Exhibits for the Interlocal Agreement and Exhibits attached to the Ordinance APPROVED AS TO FORM a cvy,t.c_ g ITY ATTORNEY DATE P 1LAW115974p0m doc X) b = o r Imo-. m rr, ��.y R f\ o d CD �--r N g CD +w 17) O 0 04 C) 1 ci = cl x o NOTICE TO PUBLIC THE DAILY RECORD ORDINANCE NO 37847 AN ORDINANCE t pp th tt h d I I rl I Ag m t b tw th Cty t OF OMAHA Om h D gl C tyS h ID t t 0001 $Q Om h Publ S. h I th Om h RONALD A HENNINGSEN Publisher P bl Lb ry B d Sty d Imp m t D t ct N 424 f D gl PROOF OF PUBLICATION C tyNb k St P k S try d Imp m t D t t N 446 f D gl C ty N b k S dd! b k S try UNITED STATES OF AMERICA d Imp m t O t t N 482 f D gl C ty N b k St d g B The State of Nebraska W t dS t y d lmp m t D t t SS N 501 f D gl C ty N b k C d District of Nebraska C k f 50 y p d mm g County of Douglas th d t f t by th p rt f th d 1 pm t t t p t d City of Omaha m t of t t f I ty wth p bl t t ry d h I el BOYD f t t b loc t d d th S ddl b k S bd 148th Stre t d S ddl b k D t th th M y being duly sworn deposes and says that she is t t h Ag m t t th d wth th t rm of It LEGAL EDITOR Ag m t th pt f m th p t SIDS, f th of th Cty f of THE DAILY RECORD of Omaha, a legal newspaper printed and Ottt h L t 230 d231 S ddl b k L t P Per 135 St dgB W t. L t 341 St published daily in the English language having a bona fide paid P k d L t 317 C tl C k d d t d circulation in Douglas Countyin excess of 300 printed in p k p p rty f d I pm t f h l t gcopies f I ty d p k d f th p bl t Omaha,m said County of Douglas for more than fifty two weeks last th th F D t t m k past that theprinted notice hereto attached was published in THE p yin I d w th th t m d d t f h Ag m t d t p d ff d d t DAILY RECORD of Omaha, on Y suANORDINANCEt pp thett h d September 26 , 2007 I t dot I Ag m t b tw th Cty f Om h D gl C tyS h ID t t 0001 2Jk/ Om h P bl S h I th Om h P bl Lb ry B d S try d Imp m t O t IN 424 f D gl C ty N b k St Pk S try d That said Newspaper during that tune w regularly published and Imp m t D 1 t N 446 f D gl �- C ty N b k S ddl b k S t y in gen¢r0•cyciulatio; in the County of Do, ugl State of Nebraska d Imp m t D i t N 482 f [\ D g1 C ty N b k St d g B t W t dS try dlmp m I D t Q N 501 f D gl C ty N b k C tl j < ,3 Subscribed ni, pre en e and worn to befo e C k f 50 y p d mm g .' 5 d t f t by th p rt f h bl he Sal $ 0 §0 me th 2 6 th day of d 1 pm t t t P I d m tt f I I b fry h l y d th phi I A tti$ �nal c(ip e $ 20 0 7 f t b I d th S ddl b k1►'- S bd 148th 5t d V1.h 'pthl $ ; 5_0 - 9 0 S ddl b k P Ag m It t hh M y ���� `�� (71 C N 1C a oughts County d w th th m f h _h Yi 1� � State of Neb aska Ag m t h p f m th p SID f th f th Cty f Om h L 230 ci 231 S ddl b k 1. 1 7355 d g B W I L L 341 St P k dL t377 C IC k d d td p k p p ty f d I pm t f tit f Itv d k NOTICE TO PUBLIC THE DAILY RECORD Th f II w gOd h b tt �A Cty C th g S pt mb 11 OF OMAHA 2007 t 2 00 p m th L g I Ch mb Om ha/0 gl C L. t RONALD A HENNINGSEN Publisher 1819 F m St t t wh h h g II P t t d m y b n d PROOF OF PUBLICATION AN ORDINANCE t pp th tt h d I t d I Ag m t b tw th Cty f Om h D gl C ty S h I D t t 0001 tic Om h P bl s n I h am h UNITED STATES OF AMERICA P bl I brary B d S t ry d The State of Nebraska Imp m t D t t N 424 f D gl SS C ty N b k St P k S ty d District of Nebraska Imp m t Di t ct N 446 f D gl County of Douglas C ty N b k SddIb k S t y d Imp m t D t t N 482 f City of Omaha D gi C ty N b k St d g B W t d S try damp m t D t t N 501 t D gi C ty N b k C tl J BOYI) C k f 50 y p d mm g th d t f t by th p rt f th be rig duly sworn deposes and says that she s d I pm t t p t d m t f I t f I ty w th p bl LEGAL EDITOR t t I ry d h f f r t b I t d to S ddl b k printed and newspaper of THE DAILY RECORD of Omaha a legal S bd 148th St r d g S ddl b k D to tit th M v published daily in the English language having a bona fide paid t d t wth h I Ag m t th f h circulation in Douglas County m excess of 300 copies printed in Ag m 1 th pt f m ti, Omaha in said County of Douglas for more than fifty two weeks last p Y S1D f to f th c ty f om n L t 3o d z31 S ddl b k L t past that theprinted notice hereto attached waspu published in THE 135 St d g B w t L t 341 St DAILY RECORD of Omaha on P k, dL 1317 C t1 C k d d t d nn p k p p rty f d I pm t f hi I August 31 , 2007 f Ity dp k df Eh p bl t th th F D t t m k P ym t d w th th t m d dt f h Ag m t d p d ff t d t BLISTER BROWN C ty CI k 8 31 07 That said Newspaper er during that time was regularly published and m gen c1in m the County of Dou and State of Nebraska P�OSnep 1 'Ar v� rt Sub bed n my n e and sworn to before gu..bllkhe SSE V1.n • 0 me th / 31 s t y of 1Ld it1onal ctnp'll�ks$ r, v 7 Not n uglas County 4% 1-1�, c f1 Y C State of Neb a ka Z-. ?_ C`