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ORD 39687 - Joint Use Facility Deer Creek Golf Course CAHA,ist.4 r � 's1 �. `� J Law Department y"�►�b Omaha/Douglas Civic.Center al�I ' N. l��r h n t,a 1819 Farnam Street,Suite 804 '��`' "ryw 3 'i ?i f' Omaha,Nebraska 68183-0804 4 (402)444-51]5 D FEBR�r4 Y �,, Telefax(402)444-5125 CIt '( C1,_r_.�``\ City of Omaha �_ �� Paul D. Kratz Jim Suttle,Mayor ( �A fj •. t�• "" City Attorney Honorable President 4,6 5,/r�'U O - / l and Members of the City Council, dx,,, ,c ,/Al. '/ 5 Transmitted herewith is an Ordinance approving a Joint Use Agreement between the€itytrfm ra- and the Players Club(Deer Creek Golf Course)to develop an unimproved parcel of land within Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will be open to the public. All costs associated with this improvement will be funded by the Players Club, and it will pay th a lease fee of$1,200 per year. 3 r/ct The Mayor and the Park,Recreation and Public Property Department support this Agreement. Your favorable consideration of this Ordinance is respectfully requested. Respectfully submitted, •� Michelle Peters Assistant City Attorney P\LAW-CITY COUNCIL DOCUMENTS\2013\30047d1m e4 ;ter Z71 ��, ' 24 O%1-3 ORDINANCE NO. 0if'7 AN ORDINANCE approving a Joint Use Agreement between the Sanitary Improvement District No. 405 of Douglas County, Nebraska a subdivision of the State of Nebraska (hereinafter referred to as the "District") and Players Club Golf, LLC, (Deer Creek Golf Course), a Nebraska limited liability company (hereinafter referred to as "Players Club") for more than one year in which the Players Club will develop an unimproved parcel of land within in Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will be open to the public; and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That approval is hereby given to an Agreement, by and between the Sanitary Improvement District No. 405 of Douglas County, Nebraska, and the Players Club, to develop an unimproved parcel of land within in Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will be open to the public. Section 2 That this Ordinance, not being of legislative character, shall be in full force and effect upon its passage. INTRODUCED BY COUNCILMEMBER %,2077144(-2,1140.4 APPROVED BY: ,,,OR OF THE CITY OF OMAHA DATE PASSED JUN - 4 2013 454/y1P...do (,d-f% ORDINANCE NO. j9(p 17 Page 2 ATTEST: 40ECLERK OF THE CITY OF OMAHA APPROVED AS T ORM: /171:1 ASS(ANTCITYEY DATE P\LAW-CITY COUNCIL DOCUMENTS\2013130076dIm 612.0 ©. .s ra a ,21/,c LIMITED JOINT USE AGREEMENT BETWEEN SANITARY IMPROVEMENT DISTRICT NO. 405 OF DOUGLAS COUNTY, NEBRASKA AND PLAYERS CLUB GOLF, LLC This Agreement is hereby made and entered into this fdday of "Je , 2013, by and between the Sanitary Improvement District No. 405 of Douglas County, Nebraska, a subdivision of the State of Nebraska (hereinafter referred to as the "District") and Players Club Golf, LLC, a Nebraska limited liability company (hereinafter referred to as "Players Club"). WHEREAS, the District is the legal owner of the following legally described property, to-wit: Lot 451, Deer Creek, a subdivision located in Section 30, Township 16 North, Range 12 East of the 6th P.M., Douglas County, Nebraska, and as more fully described in Exhibit"A" attached hereto; and WHEREAS, that parcel of land is currently unimproved and the District has no current plan to develop such parcel; and WHEREAS, Players Club is the owner of Deer Creek Golf Course (the "Course"), a private golf course located adjacent to Deer Creek Park; and WHEREAS, Players Club desires to develop the unimproved parcel into a golf short- game practice facility consisting of a putting and chipping green and bunker and minor improvements associated therewith (the "Practice Facility") at a cost of approximately $80,000 and with an estimated weekly maintenance cost of$600; and WHEREAS, Players Club agrees that the Practice Facility will be open to the general public; and WHEREAS, it is in the best interest of the citizens of the District and the City of Omaha, Nebraska, to have a golf practice area; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the District and Players Club hereby mutually undertake, promise, agree and contract each for itself and its successors and assigns as follows: I. PURPOSE The purpose of this Agreement is to specify the terms and conditions upon which Players Club is granted the exclusive right to construct and operate the Practice Facility on a portion of the District property, whose legal description is a tract of land located in Lot 451, Deer Creek, a subdivision located in Section 30, Township 16 North, Range 12 East of the 6th P.M., Douglas County, Nebraska, and as more specifically shown on Exhibit "A", attached hereto and incorporated herein by this reference as if fully set forth herein. For purposes of this Agreement, the area described above will be referenced as the "Parcel." The only purposes for which the Parcel may be used by Players Club is for the Practice Facility, which is mutually agreed to be defined as 1) offering to the general public or to groups, agencies or organizations an outdoor golf short-game practice facility consisting of a putting and chipping green and bunker and minor improvements associated therewith without charge; and, 2) maintenance related requirements associated with the Practice Facility. "Exclusive" as used hereinabove refers only to the Parcel and for which the District agrees not to enter into any other agreement for, or operate with its own forces, a golf practice facility similar to the Practice Facility. The parties agree that this Agreement constitutes neither a conveyance nor a lease, but an agreement to build, plan, develop, operate and manage the Practice Facility on the Parcel within Deer Creek Park, for and on behalf of the District, for the purpose of providing such facility to the public. Nothing in this Agreement shall be construed to provide Players Club with any ownership right or interest in the Parcel, Deer Creek Park or its roads, parking areas or surrounding grounds. Upon the termination of this Agreement, the District reserves the right to remove, demolish or alter the Practice Facility. II. TERM The term of this Agreement shall be twenty-five (25) years commencing on the date of execution and ending on June 4, 2038. Provided that Players Club is not in default of any of its obligations herein, upon mutual agreement of the parties, this Agreement may be extended by Players Club for an additional five (5) years, up to fifteen (15) additional years under the same terms and conditions as herein detailed. Notice that any party hereto is seeking such an extension shall be provided in writing to the other party at least 60 days prior to the end of the term of the Agreement. III. RIGHTS, DUTIES AND OBLIGATIONS OF THE DISTRICT AND PLAYERS CLUB A. Construction of Golf Practice Facility Players Club shall, at its sole cost and expense, develop and construct the Practice Facility on the Parcel. Such Practice Facility shall be constructed and operational within 13 months from the date of execution of this Agreement, but no later than May 1, 2014. Prior to construction, Players Club agrees to provide to the District a site plan which shall illustrate the proposed placement and dimensions of the Practice Facility. Such site plan shall provide topographical contour information both for existing and proposed elevations. Such site plan shall be submitted to the District as soon as practicable. The District shall provide timely review and approval of said site plan prior to the commencement of any work at the Practice Facility. B. Operation of the Practice Facility Once constructed, Players Club shall manage,maintain and operate the Practice Facility with fidelity, diligence, and dedication and in such a manner so as to achieve the District's goal of providing the highest quality of service to the public. Players Club agrees that the Practice Facility will be open to the general public. Players Club shall be solely responsible for establishing a schedule for the use of the Practice Facility. Players Club shall make all reasonable efforts to assure that such schedule is prepared in a manner that allows access to the Practice Facility to Course members and the general public equally. Players Club shall be allowed exclusive use of the Practice Facility for special events, not to exceed 72 consecutive hours within a two-week period, with reasonable advance notice to the District's Board of Trustees or its Chairperson or his/her designee. C. Fees and Charges Players Club acknowledges that the Practice Facility will be operated on public park land on behalf of the District and as such will be subject to public scrutiny and that the District has a strong interest in these operations of the Practice Facility, including but not limited to, the fees and charges imposed by Players Club. Players Club agrees not to charge for the use of the facility. D. Payments In consideration for the exclusive use of the aforementioned Parcel, Players Club agrees to pay the District One Thousand Two Hundred Dollars ($1,200) per year commencing on the 1st day of the month after the Practice Facility opens. E. Maintenance Players Club shall, throughout the term of this Agreement, and any extension thereof, be solely responsible for all maintenance, repairs and upkeep of the Practice Facility. Players Club shall maintain the Practice Facility and the Parcel in proper and safe operating condition. In addition, Players Club shall be solely responsible for the collection and disposal of all trash, litter, debris and waste materials at the Parcel, whether from construction, operation or use of the Practice Facility. IV. OWNERSHIP OF IMPROVEMENTS Upon expiration of this Agreement, the District shall become the sole owner of all improvements to the Parcel, including any fixtures, and the irrigation systems, but excluding trade fixtures, equipment and other personal property of Players Club, which shall remain the property of Players Club and may be removed upon expiration of this Agreement. V. NAMING OF CONCESSION SITE AND SIGNAGE Nothing in this Agreement shall be construed to provide Players Club with the right to name or rename Deer Creek Park or the Practice Facility. Upon notification by the District of any name selected for the Practice Facility, Players Club shall permit the installation or affixing of appropriate signage or the revision of any existing signage. It is the District's intention that any signs erected on the Parcel be of a quality nature and related to products and services offered or events occurring on the Parcel. Therefore, Players Club shall submit to the Chairperson of the District for his/her approval, a request illustrating the location and design of any signs or other commercial advertising media of any kind or type whatsoever, on the Parcel. Approval by the Chairperson shall be guided by the District's sign ordinance and shall not be unreasonably withheld. Players Club shall also be permitted to place on the Parcel, temporary banners, temporary signage and other types of temporary advertising relating to special events or promotions to be held at the Practice Facility. For purposes of temporary banners and signage and such other types of temporary advertising, "temporary" shall be defined as not longer than sixty (60) days. VI. HOURS OF OPERATION The District's desire, relative to the Practice Facility is for the operational hours to be similar to other such operations in the industry. The Practice Facility may operate on restricted and/or seasonal hours. Players Club shall be solely responsible for determining its hours of operation and shall provide these hours to the Chairperson of the District's Board of Trustee upon his/her written request. In determining operational hours, Players Club shall consider the public's convenience and demand for golf practice availability. VII. PARK RULES AND REGULATIONS Players Club acknowledges and agrees that the District has the right to adopt and enforce reasonable park rules and regulations and that it, and all of its employees, agents and servants, shall observe and comply with all applicable rules and regulations as may from time to time be promulgated by the District. VIII. RIGHT OF ENTRY The District, and its duly authorized representatives, shall, throughout the term of this Agreement, have full and unrestricted access and the right to enter the Parcel at any and all times, for the purposes of (1) inspecting, observing, or protecting the Practice Facility or operation; (2) performing any obligation of the District under this Agreement, or (3) taking any action the District deems necessary for the proper and general conduct of the Practice Facility or exercise of its police powers. Where feasible, the District shall not unreasonably interfere with the operation of the Practice Facility in exercising such access and entry rights. IX. DAMAGE OR DESTRUCTION OF THE PREMISES In the event substantial damage to, or destruction of, the Practice Facility shall occur, the District or Players Club shall have the option to repair same, at its own cost and expense, or terminate the Agreement upon 30 days' written notice to the other party. In the event the Practice Facility is substantially destroyed by fire, explosion, the elements, public enemy, or other casualty, or so damaged, neither the District nor Players Club shall be obligated to repair, rebuild, or reconstruct the Practice Facility, and any payments payable hereunder to the District shall remain due from Players Club until such time that this Agreement is terminated as provided herein. If within twelve (12) months after the time of such damage or destruction the Practice Facility shall not have been repaired or reconstructed, Players Club or the District may terminate the Agreement in its entirety as of the date of such damage or destruction. X. TERMINATION A. In addition to all other remedies available to the District, this Agreement shall be subject to cancellation by the District should any one or more of the following events occur: 1. If Players Club shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated bankrupt pursuant to bankruptcy proceedings; or if a court shall take jurisdiction of Players Club and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Players Club' assets is appointed; or if Players Club shall be divested of its rights, powers and privileges under this Agreement by other operation or law; or 2. If Players Club shall default in or fail to make any payment at the times and in the amounts as required of it under the Agreement; or 3. If Players Club shall abandon and discontinue the development and operation of the Practice Facility; or 4. If Players Club shall fail to perform, keep and observe any of the terms, provisions, covenants and conditions contained in the Agreement, to be performed, kept and observed by it; or 5. If Players Club shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Nebraska, Douglas County, or the District of Omaha in its use or operation of the Practice Facility; or 6. If Players Club shall fail to obtain any insurance, performance bond or indemnity required under the terms of this Agreement or permit any such insurance, performance bond or indemnity to lapse or become void; or 7. If Players Club shall fail to develop, construct and have the Practice Facility operational within the time periods established in this Agreement; or 8. If the District and Players Club both decline to provide repairs necessary for the proper and lawful operation of the Practice Facility as hereinbefore specified. 9. Provided that upon the happening of any of the contingencies recited in subparagraphs 2, 3, 4, 5, 6, or 7 above, the District shall give written notice to Players Club to correct and cure same and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the District, then the District shall have the right to terminate the Agreement, without further notice, to enter upon and take full possession, ownership and control of the Parcel and to operate or close the Practice Facility. Upon such happening, this Agreement shall automatically be deemed to have been irrevocably breached by Players Club and shall terminate. The acceptance of payments by the District for any period or periods after a default of any of the term, covenants, and conditions herein contained to be performed, kept and observed by Players Club shall not be deemed a waiver of any rights on the part of the District to cancel the Agreement for failure by Players Club to so perform, keep, or observe, any of the terms of the Agreement to be kept, performed and observed by Players Club. B. Upon termination, Players Club shall immediately vacate the Parcel and cease all operation, control and use of the Practice Facility. Upon termination, Players Club shall remove only its trade fixtures, equipment and other personal property, except as otherwise specified hereinabove. All facilities, improvements and alterations to the Parcel shall be the property of the District notwithstanding termination. Players Club shall, in a timely fashion, provide to District documents satisfactory to the District evidencing title. XI. INDEMNIFICATION AND INSURANCE A. Players Club covenants and agrees to indemnify and hold harmless the District, its 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 Players Club or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of Players Club on the Parcel or in connection with its use of the Practice Facility and Players Club further agrees to pay all expenses in defending against any claims made against the District; provided, however, that Players Club shall not be liable for any injury, damage or loss occasioned by the negligence or willful misconduct of the District, its agents or employees. Players Club and the District 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. B. Players Club shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with at minimum policy limits of $1,000,000/$5,000,000 for bodily injury or death and property damage. Said policy shall expressly include the District as an additional named insured. A certified copy of the policy or certificate evidencing the existence thereof, shall be delivered to the Chairperson of the District within ten days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be cancelled, terminated or materially changed or modified without giving thirty (30) days written advance notice thereof to the District. C. Players Club shall furnish to the District satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Nebraska. D. Upon receipt of notice from the District, Players Club shall take such action as the District shall deem necessary and expedient to insure that the District is held harmless from any liability from any cause whatsoever arising as a result of Players Club' activities in and upon the Parcel to any person, individual or entity. E. In the event Players Club shall fail to obtain any such insurance, or shall permit any such insurance or other type of indemnity to lapse or become void, the District may terminate this Agreement. XII. INDEPENDENT CONTRACTOR It is understood and agreed by and between Players Club and the District that any and all acts that Players Club or its personnel, 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 District. The District and Players Club shall each act in their individual capacities and not as agents, employees, partners, joint ventures or associates of the other. An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Neither Players Club nor its personnel, employees, agents, contractors, or servants shall be entitled to any District benefits. The District shall not provide any insurance coverage to Players Club or its employees including, but not limited to, workers' compensation insurance. Players Club shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Players Club shall have no authority to bind the District by or with any contract or agreement, nor to impose any liability upon the District. All acts and contracts of Players Club shall be in its own name and not in the name of the District, unless otherwise provided herein. XIII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Annexed hereto as Exhibit "B" and made a part thereof by reference are the equal employment provisions of the Agreement. Refusal by Players Club to comply with any portion of this program as herein stated and described will subject the offending party to any or all of the following penalties: A. Withholding of all future payments under the contract to Players Club until it is determined that Players Club is in compliance with the provisions of the contract; B. Refusal of all future bids for any contracts with the District or any of its departments or divisions until such time as Players Club demonstrates that it has established and shall carry out the policies of the program as herein outlined. XIV. GENERAL CONDITIONS A. Nondiscrimination Players Club shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. B. Captions Captions used in this Agreement are for convenience and are not used in construction of this Agreement. C. Applicable Law Parties to this Agreement shall conform with all existing and applicable District 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. D. Interest of the District if the District is annexed by the City of Omaha, Nebraska: Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the District shall have a financial interest, direct or indirect, in any District contract. Any violation of this section with the knowledge of the person or corporation contracting with the District shall render the contract voidable by the Mayor or the District Council. E. Interest of Players Club Players Club covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under the Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed by it. F. 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. G. Modification This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Amendments This Agreement may only be amended in writing by the District and the Player's Club. I. 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. J. Assignment The activities and uses to which the Parcel may be put and the privileges, rights and obligations authorized herein are personal. Players Club agrees that it will not assign its rights granted hereunder without the express prior written consent of the District, which the District may withhold in the District's reasonable discretion. Any purported assignment in violation hereof shall be void. This Agreement is not a lease, and Players Club cannot sublease any part of the Parcel. K. Successors and Assigns Bound by Covenants All covenants, stipulations and agreements contained herein 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. L. E-verify Players Club is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. M. Authorized Representative In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for the purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties A. District: Mr. Todd Robinson Chairman of Board 11440 West Center Road Omaha,NE 68144 B. Players Club Golf, LLC Michael H. Jenkins, Manager 1201 Aries Drive Lincoln,NE 68512 EXECUTED THIS DAY OF , 2013 PLAYERS CLUB GOLF, LLC By: 7h4sw,-, Thomas R. Everett, Manager SANITARY AND IMPROVEMENT DISTRICT NO. 405 OF DOUGLAS COUNTY,NEBRASKA ATTEST: By: '7 'T Todd Robinson, Chairman Robert Swanda Jr., Clerk • _`- / ri 47 I / IL � POTTER CIRCLE 49 139 54 } 53 I 52 51 50 I }I OEERCRIEEKHIGHLAN I — — �7°18 17121515 7 E 715� l_ j�_S08°2046"W,140.79 POINT OF 7.-",- ... \ LOT 451 CH BEGINNING 5.35,R=325,00' 18.8G �°RA. �971/ DEER CREEK Ni. S03°74'35'E,223.t9 LOT 452 DEER CREEK L=274.29',R=750.00' _ —' ` CH=N68°05'46'W,272 7' �� 1. — LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOT 451,DEER CREEK A SUBDIVISION LOCATED IN SECTION 30, TOWNSHIP 16 NORTH,RANGE 12 EAST OF THE 6TH P.M.,DOUGLAS COUNTY,NEBRASKA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 451,DEER CREEK SAID POINT ALSO BEING ON THE SOUTH LINE OF DEER CREEK HIGHLANDS,A SUBDIVISION LOCATED IN SAID SECTION 30; THENCE N87618'17"E(ASSUMED BEARING)ALONG THE NORTH LINE OF SAID LOT451,DEER CREEK SAID LINE ALSO BEING THE SAID SOUTH LINE OF DEER CREEK HIGHLANDS,A DISTANCE OF 715.28 FEET;THENCE S08°20'46"W,A DISTANCE OF 140.79 FEET;THENCE S03°14'35"E,A DISTANCE OF 223.19 FEET TO A POINT ALONG THE SOUTH LINE OF SAID LOT451,DEER CREEK SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF DEER CREEK DRIVE;THENCE ALONG THE SOUTH LINE OF SAID LOT 451,DEER CREEK SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY OF DEER CREEK DRIVE ON THE FOLLOWING THREE(3)COURSES:THENCE ALONG A CURVE TO THE RIGHT III�I� WITH A RADIUS OF 750.00 FEET,A DISTANCE OF 274.29 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS N68°05'46"W,A DISTANCE OF 272.77 FEET;THENCE N57°37081W,A DISTANCE OF I 329.03 FEET;THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 325.00 FEET,A DISTANCE OF 185.36 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS N73°5728'W,A DISTANCE OF in�=�� 182.86 FEET TO THE POINT OF BEGINNING, 0 100 200 SAID TRACT OF LAND CONTAINS AN AREA 123,904 SQUARE FEET OR 2.844 ACRES,MORE OR LESS. Scale: 1" = 200' E&A CONSULTING GROUP, INC. (jj) Engineering•Planning.Environmentel&Field Services LEASE AREA 330"°0 °"S'°"°a°° Pima 40 A0° PART OF LOT 451,DEER CREEK Enoo+reering Answers Drawn by:JRS 1 Chkd by: I Scale:1"=200'J Date: 01/31/2013 DOUGLAS COUNTY,NEBRASKA Job No.:P2008.151.014 jells 1/31/2013 1:48:30 PM K:IProjects1200811511p141SnrylExhibitlDEER CREEK PARK(NORTH)-000.dwg EX timmimIHIBIT EQUAL OPPORTUNTIY CLAUSE During the performance of this contract, the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity or national origin, age, disability. 3) The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by section 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions of this division; and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with • EXHIBIT the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. MAY 7 2013 - z4/d/..fle ORDINANCE NO. L 9 f9 ca /O3 �� �i��7' /o-O-/ sS I AN ORDINANCE approving a Joint Use MAY 2 1 20 � � Agreement between the Sanitary Improvement � f �f- _ District No. 405 of Douglas County, Nebraska a subdivision of the State of Nebraska (hereinafter — 4 2013,- 4 / a referred to as the `District") and Players Club � ei / — Golf, LLCM (Deer Creek Golf Course), a Nebraska ' l�'limited liability company (hereinafter referred to � � ` as "Players Club") for more than one year in t -7a7 �ti/ which the Players Club will develop �f1 e '6 , Y an � unimproved parcel of land within in Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will be open to the public; and to provide for the effective date hereof. P\LAW - CITY COUNCIL DOCU M ENTS\2013\300 77d I m PRESENTED TO COUNCIL 1st a ing APR - 9 2013 PUBLICATIONS He ing APR t 6 2013 - 74443 PUBLICATION OF HEARING Date Li/12 )it)8 l=i a Readin APR 13 PUBLICATION OF ORDINANCE Date I-- 14 I I f Zug 3 fi BUSTER BROWN fCity Clerk MOTION BY COUNCILMEMBER •4114464, I hereby move that Council Document No. 9 f , Current Series, be amended in the whole by deleting the existing Ordinance and Agreement and substituting in lieu thereof the attached Ordinance and Agreement: APPROVED AS TO FORM: ___ - 1—/5 CITY A TORNEY DATE • ORDINANCE NO. AN ORDINANCE approving a Joint Use Agreement between the Sanitary Improvement District No. 405 of Douglas County, Nebraska a subdivision of the State of Nebraska (hereinafter referred to as the "District") and Players Club Golf LLC, (Deer Creek Golf Course), a Nebraska limited liability company (hereinafter referred to as "Players Club") for more than one year in which the Players Club will develop an unimproved parcel of land within in Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will be open to the public; and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAIIA: Section 1. That approval is hereby given to an Agreement, by and between the Sanitary Improvement.District No. 405 of Douglas County, Nebraska, and the Players Club, to develop an unimproved parcel of land within in Deer Creek Park into a golf short-game practice facility consisting of a putting and chipping green and bunker which will he open to the public. Section 2 That this Ordinance, not being of legislative character, shall be in full force and effect upon its passage. INTRODUCED?CED BY C.O U N CI LMEMBER APPROVED BY: ......... .. MA YOR OF THE CITY OF OMAI IA DATE PAS SED ORDINANCE NO. Page 2 ATTEST: CITY CLERK OF TIIE CITY OF OMAIIA DATE APPROVED AS TO-FORM:: ASSJS[ANT CITY A TORNEY DATE P'.LAW-CITY CCI:NC'IT,DOCUMENTS 7.013'.30076dlm LIMITED JOINT USE AGREEMENT BETWEEN SANITARY IMPROVEMENT NO. 4051 OF DOUGLASy COUNTY, NEBRASKA AND PLAYERS E'RS CLUB GOLF,LLC This Agreement is hereby made and entered into this day of , 2013, by and between the Sanitary Improvement District No. 405 of Douglas County, Nebraska, a subdivision of the State of Nebraska (hereinafter referred to as the "District") and Players Club Golf, TLC, a Nebraska limited liability company (hereinafter referred to as "Players Club"). WHEREAS, the District is the legal owner of the following legally described property, to-wit: Lot 451, Deer Creek, a subdivision located in Section 30, Township €6 North, Range 12 East of the 6th P.M., Douglas County, Nebraska, and as more fully described in Exhibit "A" attached hereto; and WHEREAS, that parcel of land is currently unimproved and the District has no current plan to develop such parcel; and WHEREAS, Players Club is the owner of Deer Creek Golf Course (the `Course''), a. private golf course located adjacent to Deer Creek Park; and WHEREAS, Players Club desires to develop the unimproved parcel into a golf short- game practice facility consisting of a putting and chipping green and bunker and minor improvements associated therewith (the "Practice Facility") at a cost of approximately S80,000 and with an estimated weekly maintenance cost of 5600; and WHEREAS, Players Club agrees that the Practice Facility will be open to the general public; and WHEREAS, it is in the best interest of'the citizens of the District and the City of Omaha, Nebraska, to have a golf practice area; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the District and Players Club hereby mutually undertake., promise, agree and contract each for itself and its successors and assigns as follows: I. PURPOSE The purpose of this Agreement is to specify the terms and conditions upon which Players Club is granted the exclusive right to construct and operate the Practice Facility on a portion of the District property, whose legal description is a tract of land located in Lot 451, Deer Creek, a subdivision located in Section 30, Township 16 North, Range 12 East of the 6th P.M., Douglas County, Nebraska, and as more specifically shown on Exhibit "A", attached hereto and incorporated herein by this reference as if fully set forth herein. For purposes of this Agreement, the area described above will be referenced as the "Parcel," The only purposes for which the Parcel may be used by Players Club is for the Practice Facility, which is mutually agreed to be defined as 1) offering to the general public or to groups, agencies or organizations an outdoor golf short-game practice facility consisting of a putting and chipping green and bunker and minor improvements associated therewith without charge; and, 2) maintenance related requirements associated with the Practice Facility. "Exclusive" as used hereinabove refers only to the Parcel and for which the District agrees not to enter into any other agreement for, or operate with its own forces, a golf practice facility similar to the Practice Facility. The parties agree that this Agreement constitutes neither a conveyance nor a lease, but an agreement to build, plan, develop, operate and manage the Practice Facility on the Parcel within Deer Creek Park, for and on behalf of the District, for the purpose of providing such facility to the public. Nothing in this Agreement shall he construed to .provide Players Club with any ownership right or interest in the Parcel, Deer Creek Park or its roads, parking areas or surrounding grounds. Upon the termination of this Agreement, the District reserves the right to remove, demolish or alter the Practice Facility. IL TERM The term of this Agreement shall be twenty-Live (25) years commencing on the date of execution and ending on June 4, 2038. Provided.that Players Club is not in default of any of its obligations herein, upon mutual agreement of the parties, this Agreement may be extended by. Players Club for an additional five (5) years, up to fifteen (15) additional years under the same terms and conditions as herein detailed. Notice that any party hereto is seeking such an extension shall he provided in writing to the other party at least 60 days prior to the end of the term of the Agreement. III. RIGHTS, DUTIES AND OBLIGATIONS OF THE DISTRICT AND PLAYERS CLUB A. Construction of Golf Practice Facility Players Club shall, at its sole cost and expense, develop and construct the Practice Facility on the Parcel. Such Practice Facility shall he constructed and operational within 13 months from the date of execution of this Agreement, but no later than May 1, 2014. Prior to construction, Players Club agrees to provide to the District a site plan which shall illustrate the proposed placement and dimensions of the Practice Facility, Such site plan shall provide topographical contour information both for existing and proposed elevations. Such site plan shall he submitted to the District as soon as practicable. The District shall provide timely review and approval of said site plan prior to the commencement of any work at the Practice Facility. 1 . Operation of the Practice Facility Once constructed, Players Club shall manage, maintain and operate the Practice facility with fidelity, diligence, and dedication and in such a manner so as to achieve the District's goal of providing the highest quality of service to the public. Players Club agrees that the Practice Facility will be open to the general public. Players Club shall be solely responsible for establishing a schedule for the use of the Practice Facility. Players Club shall make all reasonable efforts to assure that such schedule is prepared in a manner that allows access to the Practice Facility to Course members and the general public equally. Players Club shall be allowed exclusive use of the Practice Facility for special events, not to exceed 72 consecutive hours within a two-week period, with reasonable advance notice to the District's Board of Trustees or its Chairperson or his/her designee. C. Fees and Charges Players Club acknowledges that the Practice Facility will be operated on public park land on behalf of the District and as such will be subject to public scrutiny and that the District has a strong interest in these operations of the Practice Facility, including but not limited to, the fees and charges imposed by Players Club. Players Club agrees not to charge for the use of the facility. D. Payments In consideration for the exclusive use of the aforementioned Parcel, Players Club agrees to pay the District One Thousand Two Hundred Dollars ($1,200) per year commencing on the 1st day of the month after the Practice Facility opens. E. Maintenance Players Club shall, throughout the term of this Agreement, and any extension thereof, be solely responsible for all maintenance, repairs and upkeep of the Practice Facility. Players Club shall maintain the Practice Facility and the Parcel in proper and safe operating condition. In addition, Players Club shall be solely responsible for the collection and disposal of all trash, litter, debris and waste materials at the Parcel, whether from construction, operation or use of the • Practice Facility. Iv. ❑WNERSHIP OF IMPROVEMENTS Upon expiration of this Agreement, the District shall become the sole owner of all improvements to the Parcel, including any fixtures, and the irrigation systems, but excluding trade fixtures, equipment and other personal property of Players Club, which shall remain the property of Players Club and may he removed upon expiration of this Agreement. V. NAMING OF CONCESSION SITE AND SIGNAGE Nothing in this Agreement shall be construed to provide Players Club with the right to name or rename Deer Creek Park or the Practice Facility. Upon notification by the District of any name selected for the Practice Facility, Players Club shall permit the installation or affixing of appropriate signage or the revision of any existing signage. It is the District's intention that any signs erected on the Parcel be of a quality nature and related to products and services offered or events occurring on the Parcel. Therefore, Players Club shall submit to the. Chairperson of the District for his/her approval, a request illustrating the location and design of any signs or other commercial advertising media of any kind or type whatsoever, on the Parcel. Approval by the Chairperson shall be guided by the District's sign ordinance and shall not he unreasonably withheld. Players Club shall also be permitted to place on the Parcel, temporary banners, temporary signage and other types of temporary advertising relating to special events or promotions to be held at the Practice Facility. For purposes of temporary banners and signage and such other types of temporary advertising, "temporary" shall be defined as not longer than sixty (60) days. VI. HOURS OF OPERATION The District's desire, relative to the Practice Facility is for the operational hours to be similar to other such operations in the industry. The Practice Facility may operate on restricted and/or seasonal hours. Players Club shall be solely responsible for determining its hours of operation and shall provide these hours to the Chairperson of the District's Board of Trustee upon his/her written request. In determining operational hours, Players Club shall consider the public's convenience and demand for golf practice availability. VII. PARK RULES AND REGULATIONS Players Club acknowledges and agrees that the District has the right to adopt and enforce reasonable park rules and regulations and that it, and all of its employees, agents and servants, shall observe and comply with all applicable rules and regulations as may from time to time be promulgated by the District. VIII. RIGHT OF ENTRY The District, and its duly authorized representatives, shall, throughout the term of this Agreement, have full and unrestricted access and the right to enter the Parcel at any and all times, for the purposes of (1) inspecting, observing, or protecting the Practice Facility or operation; (2) performing any obligation of the District under this Agreement, or (3) taking any action the District deems necessary for the proper and general conduct of the Practice Facility or exercise of its police powers. Where feasible, the District shall not unreasonably interfere with the operation of the Practice Facility in exercising such access and entry rights. IX. DAMAGE OR DESTRUCTION OF THE PREMISES In the event substantial damage to, or destruction of, the Practice Facility shall occur, the District or Players Club shall have the option to repair same, at its own cost and expense, or terminate the Agreement upon 30 days' written notice to the other party. In the event the Practice Facility is substantially destroyed by fire, explosion, the elements, public enemy, or other casualty, or so damaged, neither the District nor Players Club shall be obligated to repair, rebuild, or reconstruct the Practice Facility, and any payments payable hereunder to the District shall remain due from Players Club until such time that this Agreement is terminated as provided herein. If within twelve (12) months after the time of such damage or destruction the Practice Facility shall not have been repaired or reconstructed, Players Club or the District.may terminate the Agreement in its entirety as of the date of such damage or destruction. xo TERMINATION A. En addition to all other remedies available to the District, this Agreement shall be subject to cancellation by the District should any one or more of the following events occur: 1. If Players Club shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated bankrupt pursuant to bankruptcy proceedings; or if a court shall take jurisdiction of Players Club and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Players Club' assets is appointed; or if Players Club shall be divested of its rights, powers and privileges under this Agreement by other operation or law; or 2. If Players Club shall default in or fail to make any payment at the times and in the amounts as required of it under the Agreement; or 3. If Players Club shall abandon and discontinue the development and operation of the Practice Facility; or 4. If Players Club shall fail to perform, keep and observe any of the terms, provisions, covenants and conditions contained in the Agreement, to be performed, kept and observed by it; or 5. If Players Club shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Nebraska, Douglas County, or the District of Omaha in its use or operation of the Practice Facility: or 6. If Players Club shall fail to obtain any insurance, performance bond or indemnity required under the terms of this Agreement or permit any such insurance, performance bond or indemnity to lapse or become void; or 7. If Players Club shall fail to develop, construct and have the Practice Facility operational within the time periods established in this Agreement; or 8. If the District and Players Club both decline to provide repairs necessary for the proper and lawful operation of the Practice Facility as hereinbcfore specified. 9. Provided that upon the happening of any of the contingencies recited in subparagraphs 2, 3, 4, 5, 6, or 7 above, the District shall give written notice to Players Club to correct and cure same and if, within thirty (30) days from the date of such notice, the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the District, then the District shall have the right to terminate the Agreement, without further notice, to enter upon and take full possession, ownership and control of the Parcel and to operate or close the Practice Facility. Upon such happening, this Agreement shall automatically be deemed to have been irrevocably breached by Players Club and shall terminate. 'l'hc acceptance of payments by the District for any period or periods after a default of any of the term, covenants, and conditions herein contained to be performed, kept and observed by Players Club shall not be deemed a waiver of any rights on the part of the District to cancel the Agreement for failure by Players Club to so perform, keep, or observe, any of the terms of the Agreement to be kept, performed and observed by Players Club, B. Upon termination, Players Club shall immediately vacate the Parcel and cease all operation, control and use of the Practice Facility. Upon termination, Players Club shall remove only its trade fixtures, equipment and other personal property, except as otherwise specified hereinabove. All facilities, improvements and alterations to the Parcel shall be the property of the District notwithstanding termination. Players Club shall, in a timely fashion, provide to District documents satisfactory to the District evidencing title. XL INDEMNIFICATION AND INSURANCE. A. Players Club covenants and agrees to indemnify and hold harmless the District, its 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 Players Club or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of Players Club on the Parcel or in connection with its use of the Practice Facility and Players Club further agrees to pay all expenses in defending against any claims made against the District; provided, however, that Players Club shall not be liable for any injury, damage or loss occasioned by the negligence or willful misconduct of the District, its agents or employees. Players Club and the District 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. B. Players Club shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with at minimum policy limits of S 1.000,000/$5,000,000 for bodily injury or death and property damage. Said policy shall expressly include the -District as an additional named insured. A certified copy of the policy or certificate evidencing the existence thereof, shall be delivered to the Chairperson of the District within ten days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be cancelled, terminated or materially changed or modified without giving thirty (30) days written advance notice thereof to the District. C. Players Club shall furnish to the District satisfactory evidence that it carries Workers' Compensation Insurance in accordance with the laws of the State of Nebraska. D. Upon receipt of notice from the District, Players Club shall take such action as the District shall deem necessary and expedient to insure that the District is held harmless from any liability from any cause whatsoever arising as a result of Players Club' activities in and upon the Parcel to any person, individual or entity. E. In the event Players Club shall fail to obtain any such insurance, or shall permit any such insurance or other type of indemnity to lapse or become void, the District may terminate this Agreement. XII. INDEPENDENT CONTRACTOR It is understood and agreed by and between Players Club and the District that any and all acts that. Players Club or its personnel, 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 District. The District and Players Club shall each act in their individual capacities and not as agents, employees, partners, joint ventures or associates of the other. An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Neither Players Club nor its personnel, employees, agents, contractors, or servants shall be entitled to any District benefits. The District shall not provide any insurance coverage to Players Club or its employees including, hut not limited to, workers' compensation insurance. Players Club shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Players Club shall have no authority to bind the District by or with any contract or agreement, nor to impose any liability upon the District. All acts and contracts of Players Club shall he in its own name and not in the name of the District, unless otherwise provided herein. XIII. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Annexed hereto as Exhibit "B" and made a part thereof by reference are the equal. employment provisions of the Agreement. Refusal by Players Club to comply with any portion of this program as herein stated and described will subject the offending party to any or all of the following penalties: A. Withholding of all future payments under the contract to Players Club until it is determined that Players Club is in compliance with the provisions of the contract; B. Refusal of all future bids for any contracts with the District or any of its departments or divisions until such time as Players Club demonstrates that it has established and shall carry out the policies of the program as herein outlined. XIti. GENERAL CONDITIONS A. Nondiscrimination Players Club shall not, in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. R. Captions Captions used in this Agreement are for convenience and are not used in construction of this Agreement. C. Applicable Law Parties to this Agreement shall conform with all existing and applicable District 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. D. Interest of the District if the District is annexed by the City of Omaha,Nebraska: Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the District shall have a financial interest, direct or indirect, in any District contract. Any violation of this section with the knowledge of the person or corporation contracting with the District shall render the contract voidable by the Mayor or the District Council. E. Interest of Players Club Players Club covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under the Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed by it. F. Merger This contract shall not he merged into any other oral or written contract, lease or deed of any type. 'this is the complete and full agreement of the parties. [i. Modification This Agreement contains the entire agreement of the parties. No representations «ere made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. II. Amendments This Agreement may only be amended in writing by the District and the Player's Club. T. 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. J. Assignment The activities and uses to which the Parcel may be put and the privileges, rights and obligations authorized herein are personal. Players Club agrees that it will not assign its rights granted hereunder without the express prior written consent of the District, which the District may withhold in the District's reasonable discretion. Any purported assignment in violation hereof shall be void. This Agreement is not a lease, and Players Club cannot sublease any part of the Parcel. K. Successors and Assigns Bound by Covenants All covenants, stipulations and agreements contained herein shall inure to the benefit of the parties hereto and extend to and hind the legal representatives, successors, and assigns of the respective parties hereto. L. E-vcrifv Players Club is required and hereby agrees to use a federal immigration verification System to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C:. 1 24a., known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. M. Authorized Representative In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for the purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties A. District: Mr. Todd Robinson Chairman of Board 11440 West Center Road Omaha,NE 68144 B. Players Club Golf, LLC Michael Jenkins, Manager 1201 Aries Drive Lincoln,NE 68512 , EXECUTED THIS DAY OF ' , 2013 PLAYERS CLUB GOLF, LLC • ' " Thomas R. Everett, Manager SANITARY AND IMPROVEMENT DISTRICT NO. 405 OF DODULAS COTJNTY,NEBRASKA Todd Robinson, Chairman Robert S Wan dar Clerk _� � • � /45 48 ...)1 47 / .1. l 44 /. . I I ?OTTERCIRCIE 40 I 139 �_____— r-.. . _.... ----- -7 _ , 1 54 53 l 52 , Si I 50 `� I` II UDR CREEK F4IGHLA — TE7'16". 5.2 .718' - -7� � 1--str20'46"W,140.79' POINT OF--1 LOT 451 d BEG185.36INNIN GR-425,3.1 � fiq DEER CREEK CH=N73°5728'W,18295— �fiFir-4? ` co, `- 1 .- 503'14'35'E,223.19' �t LOT 452 DEER CREEK L=274.29',R•75C.00' Ch=N68"C5'48'W.272TT LEGAL DESCRIPTI.ON • A TRACT CC LAND LOCATED IN LOT 451,DEER CREEK,A SJBDIVISION_Dw4TED IN SECTION 30, TD's1TISHR 16 NORTH,RANGE 12 FAST OF THE 6TF..P.M..DOUGLAS COUNTY,NEBRASKA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3EGINNING A'THE NORTHWEST CORNER OF SAID LOT 451.DEER CREEK SAID POINT ALSO BEING ON THE SOUTH L:NE or DEER CREEK HIGHLANDS,A SUaDrASiON LOCATED IN SAID SE7rION 3C li THENCE N87°18'17'E(ASSUMED REARING)ALONG THE NORTH LINE OF SAID LOT 451,DEER CREEK, SAID LINE ALSO BEING THE SAID SOUTH LINE OF DEER CREEK HIGHLANDS,A DISTANCE OF 715.26 FEET:THENCE SOS*20'46'W A DiSTANDE OF 140.79 FEET;THENCE S03'14131,A DISTANCE OF 223,19 FEET TO A POINT ALONG THE SOUTH LINE OF SAID LCT451.DEER CREEK SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF DEER CREEK DRIVE;THENCE ALONG THE SOUTH LINE OF SAID:-OT 451,DEER CREEK.SAD LINE ALSO BEING SAID NORTH RIGHT-OF-WAY OF DEER CREEK DRIVE ON THE FOLLOWING THREE(3)COURSES:THENCE ALONG A C'URV'ETO THE RIGHT lli WITH A RADIUS or 756.94 FEET,A DISTANCE OF 274.2E FEET.SAID CURVE HAVING A TANG CHORD 1W'-IICH BEARS N88°OS4S'W,A DISTANCE OF 272.7'FEET;THENCE N57°37'981N,A DISTANCE OF 329.03 FEET;THENCE ALONG A CURVE TO THE LEFT WIT'1.A RADIUS OF 325.00 FEET,A DISTANCE OF 185,35 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS NT3_57'25'W,A DISTANCE OF iiii '82.66 FEET TO THE POINT OF BEGINNING. 0 100 200 SAID TRACE OF LAND CONTAINS AN AREA 123.904 SQUARE FEE"cc 2.644ACRES,MORE OR LESS. Scale: 1" = 200' E&A CONSULTING GROUP, INC. (Ct&i) FR71nee'fng•Raining-Ewjr me r4Reieswces LEASE AREA �onvn„nnee.e,onr-€ea s eaxd�w PART OF LOT 451,DEER CREEK {"9i°°n"g AftswersDrawn by JRS CEJL by. I Scale: 1'=200'] Date: 01M,7013 DOUGLAS COUNTY,NEBRASKA Job No.:P2008.t51.014 efts 1/31i20131:48:30 PM K:',Pro;Ect 2Q0811511p14'kSrvylExhibit',DEER CREEK PARK(NORTH)-000.dwg EXHIBIT s A DUAL OPPORl'UNTIY CLAUSE During the performance of this contract, the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race., religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The contractor shall ensure that applicants are employed and that employees arc treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity or national origin, age, disability. 3) The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by section 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall he those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs 0) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions of this division; and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with • EXHIBIT the contractor in the same form and to the same extent as required by the federal government for Icderal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (I) through (7) of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. No. Amendment of the Whole requested by the I,aw Department. f RECEIVED Presented to Council: June 4, 2013 - Passed as nd 7g, Buster Brown City Clerk "NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for OF OMAHA City Council Hearing on April 16, 2013, at 2:00 p.m.: AN ORDINANCE to approve a Joint Use Agreement between the City of Omaha and LYNDA K. HENNINGSEN, Publisher the Players Club(Oren Creek Golf Course)for PROOF OF PUBLICATION more than one year in which the Players Club will develop an unimproved parcel of land within Deer Creek Park into a golf short-game practice facility consisting of a putting and UNITED STATES OF AMERICA, chipping green and bunker which will be The State of Nebraska,to the public and will pay the City ss, $1,200 per year; and to provide for the District of Nebraska, effective date hereof. BUSTER BROWN, County of Douglas, City Clerk City of Omaha, 4-12-13 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on April 12, 2013 That said Newspaper during that time was _ r y published and in general circulation in the County of Do ! ; St:to of Nebraska. Subscribed in my . . • ce and sw- to before 16.70 12th Publisher's Fee $ me this AI day of April' 13 Additional Copies $ 20 Tol $16.70 ,lyNotary Public 1 / . i ouglas County, ti ( S of N•.raska THE DAILY RECORD "NOTICE TO ORDINANCE NO. 3968 7 AN ORDINANCE to approve a :7inl Use OF OMAHA Agreement between the Sanitary LYNI]A I . HENNINGSEN, Publisher frnprovement District No. 405 of Douglas of Nebraska( e a subdivision refon d the State PROOF OF PUBLICATION of Nebraska (hereinafter referred to as the "District') art the Players Club Golf, LLC, (Deer Creek Golf Course), Nebraska limited liability Company (hereinafter referred was UNITE!) STATES OF AMERICA, 'Players Club') for more tsar one year in The State of Nebraska, Mach the Players Chub will develop an SS. unimproved parcel of land within Deer Creek District of Nebraska, Park into a golf short-game practice facility consisting of a putting and chipping green County of Douglas, and bunker which will be open to the public; City of Omaha,and to provide for the effective date hereof. SUMMARY: I BOYD AN ORDINANCE to approve a Joint Ilse it Agreement between the Sanitary . Improvement District No. 40S of Douglas being duly sworn,deposes and says that she is County, Nebraska a subdivision of the State of Nebraska (hereinafter referred to as the LEGAL EDITOR"District") and the Players Club Golf, LLC, (Deer Creek Golf Course), Nebraska limited liability company (hereinafter referred to as of THE DAILY RECORD, of Omaha, a legal newspaper,printed and "Players Club') for more than one year in published dailyin the English language, having a bona fide paid which the Players Club will develop an unimproved parcel of land within Deer Creek circulation in Douglas County in excess of 300 copies, printed in Park into a golf short garne practice facility Omaha,in said County of Douglas,for more than fifty-two weeks last conslstiny of a putting end chipping green and bunker which will be open to the pubic;; past; that the printed notice hereto attached was published in THE and to provide for the effective date hcrenf- PASSED:June 4,20111,AS AMENDED,141 DAILY RECORD,of Omaha,on 11M SUTTEEr� APPROVER BY f}6/05/13 June 12, 2013 MAYOR OF THE CITY OF OMAHA f3llSTER DROWN, City Clerk 6-12-13 That said Newspaper during that time was re published and ty of Douglas, S of Nebraska. - ate Ae •aska NN COM1NJIE L.NOVACEK My Comm.Exp.November 16,201'",ubseribed in my p and sworn to before Publisher's Fee $ 3 0-5 0 me this 1 2 th day of Additional Copies $ June — 1.3 Total $ 30_50 /1. 4..C:' �� Notary Public in and r Douglas County, State of Nebraska Weaver, Warren I. (CCou) From: Peters, Michelle (Law) Sent: Tuesday, May 21, 2013 8:32 AM To: 'Sean Kelley'; Larry Jobeun Cc: Weaver, Warren I. (CCou) Subject: RE: LIMITED JOINT USE AGREEMENT BETWEEN (v2).docx (Version 1) There is no meeting next week due to the holiday. The next meeting will be June 4. ' lichel e Peters Assistant City Attorney City of Omaha 402/444-5128 402/444-5125 (fax) michelle.peters@ci.omaha.ne.us From: Sean Kelley [mailto:searakelleyandjerram.com] Sent: Monday, May 20, 2013 2:37 PM To: Larry Jobeun; Peters, Michelle (Law) Subject: RE: LIMITED JOINT USE AGREEMENT BETWEEN (v2).docx (Version 1) Michelle - would you be willing to request a layover for the land use agreement? We only need one week. My clients will not be able to sign by the council hearing. Thanks Sean Scant Ir� rn m nn un I pier"4-6"I ouch Larry Jobeun <Larry@fdjlaw.com> wrote: Sean and Michelle: Attached, please find the revised Joint Use Agreement (w/comparison) for your review and comment. Larry A.Jobeun Attorney at Law e FU EN AM[" 111111111 JOBEUN 11440 W. Center Road Omaha, NE 68144 (402) 334-0700 1 This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of(i) avoiding penalties under the Internal Revenue Code, or(ii) promoting, marketing or recommending to another party any matters addressed herein. From: Brianna Johnson Sent: Wednesday, May 15, 2013 12:10 PM To: Larry Jobeun Subject: Workshare Professional Review: LIMITED JOINT USE AGREEMENT BETWEEN (v2).docx (Version 1) This document has been sent for your review using Workshare Professional. Please double-click on the document to edit it in Microsoft Word and then e-mail back to the sender. Brianna Johnson Fullenkamp, Doyle &Jobeun 11440 W. Center Road Omaha, NE 68144 t. (402) 334-0700 f. (402) 334-0815 brianna@fdjlaw.com This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS,we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of(i) avoiding penalties under the Internal Revenue Code, or(ii) promoting, marketing or recommending to another party any matters addressed herein. 2 No. 4.._, Communication from the Law Department requesting that the Ordinance to approve a Joint Use Agreement between the City of Omaha and the Players Club be laid over two weeks to June 4, 2013. RECEIVED Presented to Council: May 21, 2013 —From Chair on File Buster Brown City Clerk Brown, Buster (CCIk) From: Sean Kelley <sean@kelleyandjerram.com> Sent: Tuesday, April 23, 2013 1:31 PM To: Brown, Buster (CCIk) Cc: Peters, Michelle (Law); Kratz, Paul (Law); Larry Jobeun (Larry@fdjlaw.com); thalpine@playersclubomaha.com Subject: Agenda Item 45 - Layover Buster—Please receive this as a formal request to layover Agenda Item Number 45. Larry Jobeun informed me the SID is the current owner of the property and they need to be incorporated into the agreement. We are confident we can get this issue resolved with a two week layover. We would appreciate the item placed on the Agenda for the May 7th council meeting. Thanks, Sean Kelley Kelley and Jerram PC LLO 7134 Pacific St. Omaha, NE 68106 Office 402 397 1898 Fax 402 397 1293 Cell 402 578 9504 Mayfair Building 625 S. 14th Street Lincoln, NE 68508 1 No. D Communication from Sean Kelley requesting that the Ordinance to approve a Joint Use Agreement between the City of Omaha and the Players Club (Deer Creek Golf Course) be laid over two weeks to May 7, 2013. RECEIVED Presented to Council: April 23, 2013 —From Chair on File Buster Brown City Clerk