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07-01-2010 Community Redevelopment Authority Regular Meeting Packet Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Packet Board Members: Lee Elliott Tom Gdowski Barry Sandstrom Sue Pirnie Glen Murray 4:00 PM Grand Island City Hall 100 E 1st Street Grand Island Regular Meeting - 7/1/2010 Page 1 / 66 Call to Order Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. DIRECTOR COMMUNICATION This is an opportunity for the Director to comment on current events, activities, and issues of interest to the commission. Grand Island Regular Meeting - 7/1/2010 Page 2 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item A1 Agenda Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 3 / 66 AGENDA Thursday July 1, 2010 4:00 p.m. Grand Island City Hall Open Meetings Notifications 1.Call to Order Barry Sandstrom This is a public meeting subject to the open meetings laws of the State of Nebraska. The requirements for an open meeting are posted on the wall in this room and anyone that wants to find out what those are is welcome to read through them. 2.Approval of Minutes of June 9, 2010 Meeting. 3.Approval of Financial Reports. 4.Approval of Bills. 5.Request for funding for BID #7. 6.Discussion of swapping CRA properties at 1st and Sycamore for City owned properties near the old fire station at Koenig Street and Pine Street. Resolution to approve swap to be considered. Resolution 114. 7.Review of 2010-2011 Budget. Resolution to approve budget and levy request to be considered. Resolution 115. 8.Consideration of Redevelopment Contract with Ken-Ray LLC for 107 & 203 S Locust Street. Resolution 116. 9.Review of Committed Projects and CRA Properties. 10.ADJOURN TO EXECUTIVE SESSION TO DISCUSS NEGOTIATIONS. RETURN TO REGULAR SESSION 11.Approve Resolution or Resolutions to Purchase/Sell Property. 12.Directors Report. 13.Adjournment. Next Meeting July ? 2010 The CRA may go into closed session for any agenda item as allowed by state law. Grand Island Regular Meeting - 7/1/2010 Page 4 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item B1 Meeting Minutes Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 5 / 66 OFFICIAL PROCEEDINGS MINUTES OF COMMUNITY REDEVELOPMENT AUTHORITY MEETING OF June 9, 2010 Pursuant to due call and notice thereof, a Regular Meeting of the Community Redevelopment Authority of the City of Grand Island, Nebraska was conducted on June 9, 2010 at City Hall 100 E First Street. Notice of the meeting was given in the June 2, 2010 Grand Island Independent. 1.CALL TO ORDER Tom Gdowski called the meeting to order at 4:05 p.m. The following members were present: Glen Murray, Sue Pirnie. Also present were; Director, Chad Nabity; Secretary, Rose Woods; Finance Director, Mary Lou Brown; Legal Council, Duane Burns; Council Liaison, Mitch Nickerson, Amos Anson, Oscar Erives, Scott Gordon and Marv Webb. Gdowski stated this was a public meeting subject to the open meeting laws of the State of Nebraska. He noted that the requirements for an open meeting were posted on the wall easily accessible to anyone who would like to read through them. 2.APPROVAL OF MINUTES. A motion for approval of the Minutes for the May 12, 2010 meeting, Pirnie made the motion to approve the May 12, 2010 meeting minutes. Motion was seconded by Murray. Upon roll call vote, all present voted aye. Motion carried unanimously. 3.APPROVAL OF FINANCIAL REPORTS. Brown reviewed the financial reports for the period of May 1, 2010 through May 31, 2010. She noted revenue in the amount of $130, 268 and expenses in the amount of $20,426 for the month. Total cash was $1,113,520. Motion by Murray, seconded by Pirnie, to approve the financial reports. Upon roll call vote, all present voted aye. Motion carried unanimously. 4.APPROVAL OF BILLS. The bills were reviewed by Brown. Motion made by Pirnie and seconded by Murray to approve the bills in the amount of $9910.42. Upon roll call vote all present voted aye. Motion carried unanimously to approve the payment of bills totaling $9910.42. 5.CONSIDERATION OF FAÇADE IMPROVEMENTS Scott Gordon, who represents Big O Tires, located at 1919 S Locust St, has requested funding under the façade development program to assist with façade improvements at this location. The anticipated cost of the façade project is $67,923 with a total project cost of approximately Grand Island Regular Meeting - 7/1/2010 Page 6 / 66 $238,336 of developer equity in updates to the building. Mr. Schwab is asking for a grant of $67,923 to offset the costs of the façade improvements. Improvements will be made to the South Locust and Stolley Park Road frontage. Nabity stated this would change the purple and yellow color of the building to red and white and conform more to the company’s requirements. Nabity also noted the Façade review committee who met last week recommended approval, that this would compliment South Locust. A Motion was made by Murray and seconded by Pirnie to approve the grant request for Big O Tires in the amount of $65,297.52 to help with the Façade improvements to the exterior. Upon roll call vote all present voted aye. Motion carried unanimously to approve the Facade request in the amount of $65,297.52. 6.CONSIDERATION OF FAÇADE IMPROVEMENTS Amos Anson, owner of the Chocolate Bar, located at 116 W 3rd Street, has requested funding under the façade development program to assist with façade improvements at this location. The anticipated cost of the façade project is $37,772 with a total project cost of approximately $117,772 of developer equity in updates to the building. Mr. Anson is asking for a grant of $37,772 to offset the costs of the façade improvements. Improvements will be made to 116 W 3rd frontage. Anson explained this would be a rotisserie, serving a light breakfast and lunch and offering an adult atmosphere in the evening. Cakes, chocolates etc. would also be served. Nabity commented this building was being remolded in phases. Nickerson asked if a Business Plan was in place, Anson stated they were currently working on the Plan and getting the correct items in place. Anson explained with the funding provided for the Façade for the Chocolate bar this would help improve his equity within the building and would allow for future loans to be obtained. The basement will house the kitchen an employee lounge and restroom. The main phase will consist of the façade of the Chocolate Bar moving to the west to renovate that building as well then to the second floor for potential residences. Nabity explained that the Façade review committee liked this project in phases and that doing so was legit and responsible. Pirnie liked this approach as well giving some much needed improvement to the downtown. A Motion was made by Murray and seconded by Pirnie to approve the grant request for The Chocolate Bar in the amount of $37,772 to help with the Façade improvements to the exterior. Upon roll call vote all present Grand Island Regular Meeting - 7/1/2010 Page 7 / 66 voted aye. Motion carried unanimously to approve the Facade request in the amount of $37,772. 7.CONSIDERATION OF FAÇADE IMPROVEMENTS Oscar Erives, owner of 120, 122, and 124 W 3rd Street, has requested funding under the façade development program to assist with façade improvements at this location. The anticipated cost of the façade project is $71,170 with a total cost of $167,960 of developer equity in updates to the building. Mr. Erives is asking for a grant of $71,170 to offset the costs of the façade improvements. Improvements will be made to the frontage of 120, 122 and 124th Street. Nabity explained the Façade review committee felt this was an appropriate architect treatment and a reasonable approach to downtown with the fabric awning. Gdowski asked about the fabric awning and how durable it would be, Marv Webb explained the fabric has UV protection and is attached to an aluminum frame and is very durable. A Motion was made by Pirnie and seconded by Murray to approve the grant request for 120, 122 and 124 W 3rd St. in the amount of $71,170 to help with the Façade improvements to the exterior. Upon roll call vote all present voted aye. Motion carried unanimously to approve the Facade request in the amount of $71,170. 8. CONSIDERATION TO AMEND AGREEMENT. Consideration to amend the Interlocal Agreement. Nabity explained this request to amend was to agree to cover 20% of the Planning Secretary’s time. A Motion was made by Murray to amend the interlocal agreement and seconded by Pirnie. Upon roll call vote all present voted aye. Motion carried unanimously to amend the Interlocal Agreement. 9. REVIEW OF 2009-2010 BUDGET. This is a preliminary review of the budget for this year in preparation for the next budget cycle. 10. REVIEW OF COMMITTED PROJECTS AND CRA PROPERTIES. Nabity reviewed the committed projects. The final payment has been made to Vlcek Gardens for the BID 6 Landscaping. They will now come off the committed projects. Still awaiting a bill for the conduit in the BID 6 area, this may have been paid for by the state. Masonic Temple, Nabity spoke with the architect and they are 90% complete. The Wayside horns for downtown are looking to be completed this year. The Dock Façade is Grand Island Regular Meeting - 7/1/2010 Page 8 / 66 almost done; bills may be coming in July. T.R. Merchant is complete and bills will be brought in for next month’s meeting. The “Bucket” TIF has been moving forward as well with water lines to be completely installed by July, bills will follow although the anticipated price is $96,000 not $136,000. The demolition is moving forward on 3235 S Locust. 8.ADJOURN TO EXECUTIVE SESSION TO DISCUSS NEGOTIATIONS. 9.APPROVE RESOLUTION OR RESOLUTIONS TO PURCHASE/SELL PROPERTY. The City is asking for a property switch for 203, 211 and 217 1st Street for land near the old fire station on Pine St. A Resolution and an Ordinance should be approved at the next City Council meeting. 9.APPROVE RESOLUTION TO PURCHASE/SELL PROPERTY. There were no resolutions to purchase or sell property. 10. DIRECTOR’S REPORT. Nabity told the board he was looking at changing the July meeting date to the end of June and also changing the August meeting as he would be out of town. 11.ADJOURNMENT. Gdowski adjourned the meeting at 4:50 p.m. The next meeting is scheduled for July 1, 2010 at 4:00 p.m. Respectfully submitted Chad Nabity Director Grand Island Regular Meeting - 7/1/2010 Page 9 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item C1 Financial Reports Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 10 / 66 COMMUNITY REDEVELOPMENT AUTHORITY FOR THE MONTH OF JUNE 2010 MONTH ENDED 2009 - 2010 2010 REMAINING JUNE 2010 YEAR TO DATE BUDGET BALANCE CONSOLIDATED Beginning Cash 1,113,520 1,547,542 1,547,542 REVENUE: Property Taxes 186,682 519,057 662,843 143,786 Loan Proceeds - - - - Interest Income 107 15,753 12,940 (2,813) Land Sales - - 50,000 50,000 Other Revenue 4,139 13,744 - (13,744) TOTAL REVENUE 190,929 548,554 725,783 177,229 TOTAL RESOURCES 1,304,449 2,096,096 2,273,325 177,229 EXPENSES Auditing & Accounting - 5,392 7,500 2,108 Legal Services - 2,115 10,000 7,885 Consulting Services - - 10,000 10,000 Contract Services 3,660 29,084 40,000 10,916 Printing & Binding - - 1,000 1,000 Other Professional Services - - 5,000 5,000 General Liability Insurance - - 250 250 Postage 32 134 200 66 Matching Grant - - - - Legal Notices - 573 800 227 Licenses & Fees - - - - Travel & Training - - 1,000 1,000 Other Expenditures - - 500 500 Office Supplies - - 500 500 Supplies - - 300 300 Land - 448,720 100,000 (348,720) Façade Improvement 6,218 171,758 539,950 368,192 South Locust - - - - Alleyway Improvement - - - - Other Projects - - 800,000 800,000 Bond Principal 75,517 180,727 161,611 (19,116) Bond Interest 35,881 74,453 81,172 6,719 Interest Expense - - - - - - - TOTAL EXPENSES 121,308 912,955 1,759,783 846,828 INCREASE(DECREASE) IN CASH 69,621 (364,402) 513,542 ENDING CASH 1,183,141 1,183,141 2,061,084 LESS COMMITMENTS 874,511 706,489 AVAILABLE CASH 308,630 476,652 2,061,084 - CHECKING 603,468 INVESTMENTS 579,673 Total Cash 1,183,141 Grand Island Regular Meeting - 7/1/2010 Page 11 / 66 COMMUNITY REDEVELOPMENT AUTHORITY FOR THE MONTH OF JUNE 2010 MONTH ENDED 2009 - 2010 2010 REMAINING JUNE 2010 YEAR TO DATE BUDGET BALANCE CRA GENERAL OPERATIONS: Property Taxes 85,314 332,607 425,000 92,393 Interest Income 91 15,470 8,000 (7,470) Land Sales - - 50,000 50,000 Other Revenue & Motor Vehicle Tax - 1,558 - (1,558) TOTAL 85,405 349,634 483,000 133,366 GILI TRUST Property Taxes 31,720 65,694 65,780 86 Interest Income - - - - Other Revenue - 8 - (8) TOTAL 31,720 65,702 65,780 78 CHERRY PARK LTD II Property Taxes 30,355 32,832 59,180 26,348 Interest Income 15 251 - (251) Other Revenue - - - - TOTAL 30,371 33,083 59,180 26,097 GENTLE DENTAL Property Taxes - 4,479 4,202 (277) Interest Income 0 1 - (1) Other Revenue - - - - TOTAL 0 4,480 4,202 (278) PROCON TIF Property Taxes 8,701 17,972 19,162 1,190 Interest Income 0 5 - (5) Other Revenue - 998 - (998) TOTAL 8,701 18,974 19,162 188 WALNUT HOUSING PROJECT Property Taxes 30,593 33,089 74,472 41,383 Interest Income 0 26 - (26) Other Revenue 4,139 11,180 - (11,180) TOTAL 34,732 44,296 74,472 30,176 BRUNS PET GROOMING Property Taxes - 5,457 4,986 (471) Interest Income - - 4,940 4,940 Other Revenue - - - - TOTAL - 5,457 9,926 4,469 GIRARD VET CLINIC Property Taxes - 4,911 - (4,911) Interest Income - - - - Other Revenue - - - - TOTAL - 4,911 - (4,911) GEDDES ST APTS-PROCON Property Taxes - 14,809 1,195 (13,614) Interest Income - - - - Other Revenue - - - - Grand Island Regular Meeting - 7/1/2010 Page 12 / 66 COMMUNITY REDEVELOPMENT AUTHORITY FOR THE MONTH OF JUNE 2010 MONTH ENDED 2009 - 2010 2010 REMAINING JUNE 2010 YEAR TO DATE BUDGET BALANCE TOTAL - 14,809 1,195 (13,614) SOUTHEAST CROSSING Property Taxes - 7,208 8,866 1,658 Interest Income - - - - Other Revenue - - - - TOTAL - 7,208 8,866 1,658 TOTAL REVENUE 190,929 548,554 725,783 177,229 Grand Island Regular Meeting - 7/1/2010 Page 13 / 66 COMMUNITY REDEVELOPMENT AUTHORITY FOR THE MONTH OF JUNE 2010 MONTH ENDED 2009 - 2010 2010 REMAINING JUNE 2010 YEAR TO DATE BUDGET BALANCE EXPENSES CRA GENERAL OPERATIONS: Auditing & Accounting - 4,392 7,500 3,108 Legal Services - 2,115 10,000 7,885 Consulting Services - - 10,000 10,000 Contract Services 3,660 29,084 40,000 10,916 Printing & Binding - - 1,000 1,000 Other Professional Services - - 5,000 5,000 General Liability Insurance - - 250 250 Postage 32 134 200 66 Matching Grant - - - - Legal Notices - 573 800 227 Licenses & Fees - - - - Travel & Training - - 1,000 1,000 Other Expenditures - - 500 500 Office Supplies - - 500 500 Supplies - - 300 300 Land - 448,720 100,000 (348,720) PROJECTS Façade Improvement 6,218 171,758 539,950 368,192 South Locust - - - - Alleyway Improvement - - - - Other Projects - - 800,000 800,000 TOTAL CRA EXPENSES 9,910 656,776 1,517,000 860,224 GILI TRUST Bond Principal 28,119 55,158 51,001 (4,157) Bond Interest 4,771 10,622 14,779 4,157 Other Expenditures - - - TOTAL GILI EXPENSES 32,890 65,780 65,780 (0) CHERRY PARK LTD II Bond Principal 21,839 42,864 39,729 (3,135) Bond Interest 7,751 16,316 19,451 3,135 TOTAL CHERRY PARK EXPENSES 29,590 59,180 59,180 (0) GENTLE DENTAL Bond Principal 1,221 2,395 2,276 (119) Bond Interest 880 1,807 1,926 119 TOTAL GENTLE DENTAL 2,101 4,202 4,202 - PROCON TIF Bond Principal 5,154 10,183 9,467 (716) Bond Interest 4,427 8,979 9,695 716 TOTAL PROCON TIF 9,581 19,162 19,162 0 WALNUT HOUSING PROJECT Bond Principal 19,184 37,743 39,151 1,408 Bond Interest 18,052 36,729 35,321 (1,408) - - - TOTAL WALNUT HOUSING 37,236 74,472 74,472 0 Grand Island Regular Meeting - 7/1/2010 Page 14 / 66 COMMUNITY REDEVELOPMENT AUTHORITY FOR THE MONTH OF JUNE 2010 MONTH ENDED 2009 - 2010 2010 REMAINING JUNE 2010 YEAR TO DATE BUDGET BALANCE BRUNS PET GROOMING Bond Principal - 5,457 4,986 (471) Bond Interest - - - - TOTAL BRUNS PET GROOMING - 5,457 4,986 (471) GIRARD VET CLINIC Bond Principal - 4,911 4,940 29 Bond Interest - - - - TOTAL GIRARD VET CLINIC - 4,911 4,940 29 GEDDES ST APTS - PROCON Bond Principal - 14,809 1,195 (13,614) Bond Interest - - - - TOTAL GEDDES ST APTS - PROCON - 14,809 1,195 (13,614) SOUTHEAST CROSSINGS Bond Principal - 7,208 8,866 1,658 Bond Interest - - - - TOTAL SOUTHEAST CROSSINGS - 7,208 8,866 1,658 POPLAR STREET WATER Bond Principal - - - - Bond Interest - - - - Auditing & Accounting - 1,000 - (1,000) TOTAL SOUTHEAST CROSSINGS - 1,000 - (1,000) TOTAL EXPENSES 121,308 912,955 1,759,783 846,828 Grand Island Regular Meeting - 7/1/2010 Page 15 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item D1 Bills Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 16 / 66 1-Jul-10 TO: Community Redevelopment Authority Board Members FROM: Chad Nabity, Planning Department Director RE: Bills Submitted for Payment The following bills have been submitted to the Community Redevelopment Authority Treasurer for preparation of payment. City of Grand Island Administration Fees $ 2,216.43 Accounting Officenet Inc. Postage $ 19.54 Lawnscape Sheffield Tree Service - tree removal 203, 211, 217 E 1st $ 800.00 TR Merchant Façade Tattered Book $ 154,557.00 Dobesh Land Leveling $ 39,764.00 Grand Island Independent $ 13.63 Monthly & Redevelopment Plan Notices Mayer, Burns, Koenig & Janulewicz Total: $ 197,370.60 Grand Island Regular Meeting - 7/1/2010 Page 17 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item E1 Committed Projects Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 18 / 66 COMMITTED PROJECTS AMOUNT ESTIMATED DUE DATE Big O Tires $65,297.52 Fall 2010 The Chocolate Bar $37,772 Winter 2010 120, 122, 124 W 3rd $71,170 Winter 2010 BID 6 (Conduit)$55,000 Spring 2010 Paul Warshauer (Masonic Temple) $17,700 Spring 2010 2010 Wayside Horns (Oak, Pine, Elm & Walnut) $140,000 Fall 2010 2012 Wayside Horns (Custer/Blaine) $100,000 Fall 2011 The Dock Façade $57,250 Spring 2010 T.R. Merchen Facade Tattered Book $154,557 Spring 2010 “Bucket” TIF 11th & Poplar Streets $136,000 Summer 2010 3235 S Locust $39,764 Demolition Pending Total Committed $874,510.52 CRA PROPERTIES Address Purchase Price Purchase Date Demo Cost Status 203 E 1st St.$68,627 10-09-02 $23,300 City Swap 217 E 1st St $17,000 03-20-03 $6,500 City Swap 408 E 2nd St $4,869 11-11-05 $7,500 Surplus 211 E 1st $34,702 11-13-07 $8,000 City Swap 3235 S Locust $450,000 4-2-2010 $39,764 Surplus Campbell’s Sub Lots 10 & 11 City Swap for 203, 211 & 217 E 1st St. 6-2010 -City Swap June 30, 2010 Grand Island Regular Meeting - 7/1/2010 Page 19 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item H1 TIF Request Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 20 / 66 REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the _____ day of ___________, 2010, by and between the City of Grand Island, Nebraska, acting as the Community Redevelopment Authority of the City of Grand Island, Nebraska (“City”), and Ken Ray, LLC, a Nebraska limited liability company (“Redeveloper”). WITNESSETH: WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended (collectively the “Act”), has designated an area in the City as blighted and substandard; and WHEREAS, City and Redeveloper desire to enter into this Redevelopment Contract for acquisition and redevelopment of a parcel in the blighted and substandard area; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory thereof and supplemental thereto “Authority” means the Community Redevelopment Authority of the City of Grand Island, Nebraska. “City” means the City of Grand Island, Nebraska. “Governing Body” means the Mayor and City Council of the City. Grand Island Regular Meeting - 7/1/2010 Page 21 / 66 “Holder” means the holders of TIF indebtedness issued by the Authority from time to time outstanding. “Liquidated Damages Amount” means the amounts to be repaid to Authority by Redeveloper pursuant to Section 6.02 of this Redevelopment Contract. “Project” means the improvements to the Redevelopment Area, as further described in Exhibit B attached hereto and incorporated herein by reference and, as used herein, shall include the Redevelopment Area real estate. “Project Cost Certification” means a statement prepared and signed by the Redeveloper verifying the Redeveloper has been legally obligated for the payment of Project Costs identified on Exhibit D “Project Costs” means only costs or expenses incurred by Redeveloper for the purposes set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit D. “Redeveloper” means Ken Ray, LLC, a Nebraska limited liability company. “Redevelopment Area” means that certain real property situated in the City of Grand Island, Hall County, Nebraska, which has been declared blighted and substandard by the City pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. “Redevelopment Contract” means this redevelopment contract between the Authority and Redeveloper with respect to the Project. “Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment Area related to the Project, prepared by the Authority and approved by the City pursuant to the Act. “Resolution” means the Resolution of the Authority, as supplemented from time to time, approving this Redevelopment Contract and the issuance of the TIF Indebtedness. “TIF Indebtedness” means any bonds, notes, loans, and advances of money or other indebtedness, including interest and premiums, if any, thereon, incurred by the Authority pursuant to Article III hereof and secured in whole or in part by TIF Revenues. “TIF Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. Section 1.02 Construction and Interpretation. The provisions of this Redevelopment Contract shall be construed and interpreted in accordance with the following provisions: Grand Island Regular Meeting - 7/1/2010 Page 22 / 66 (a)Wherever in this Redevelopment Contract it is provided that any person may do or perform any act or thing the word “may” shall he deemed permissive and not mandatory and it shall be construed that such person shall have the right, but shall not be obligated, to do and perform any such act or thing. (b)The phrase “at any time” shall be construed as meaning “at any time or from time to time.” (c)The word ‘including” shall be construed as meaning ‘‘including, but not limited to.” (d)The words ‘will” and “shall” shall each be construed as mandatory. (e)The words “herein,” “hereof,” “hereunder,” “hereinafter” and words of similar import shall refer to the Redevelopment Contract as a whole rather than to any particular paragraph, section or subsection, unless the context specifically refers thereto. (f)Forms of words in the singular, plural, masculine, feminine or neuter shall be construed to include the other forms as the context may require. (g)The captions to the sections of this Redevelopment Contract are for convenience only and shall not be deemed part of the text of the respective sections and shall not vary by implication or otherwise any of the provisions hereof. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. The Authority makes the following representations and findings: (a)The Authority is a duly organized and validly existing Community Redevelopment Authority under the Act. (b)The Redevelopment Plan has been duly approved and adopted by the City pursuant to Section 18-2109 through 18-2117 of the Act. (c)The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal submitted by Redeveloper as specified herein. (d)The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. Grand Island Regular Meeting - 7/1/2010 Page 23 / 66 (e)(1) The Redevelopment Plan is feasible and in conformity with the general plan for the development of the City as a whole and the plan is in conformity with the legislative declarations and determinations set forth in the Act, and (2) Based on Representations made by the Redeveloper: (i) the Project would not be economically feasible without the use of tax-increment financing, (ii) the Project would not occur in the Redevelopment Area without the use of tax-increment financing, and (iii) the costs and benefits of the Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the Authority and have been found to be in the long-term best interest of the community impacted by the Project. (f)The Authority has determined that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development: including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling accommodations, or conditions of blight. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a)The Redeveloper is a Nebraska limited liability company, having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b)The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. Grand Island Regular Meeting - 7/1/2010 Page 24 / 66 (c)There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as in any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d)Any financial statements of the Redeveloper or its Members delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. (e)The Project would not be economically feasible without the use of tax increment financing. (f)The Project would not occur in the Redevelopment Area without the use of tax-increment financing. (g)The Redeveloper is an accredited investor as that term is defined for purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes. In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad valorem tax on the following real property in the Project: to wit: Lots 2 and 3, Equestrian Meadows Second Subdivision to the City of Grand Island, Hall County, Nebraska, for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in this section. The effective date of this provision shall be January 1, 2011. (a)That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and (b)That proportion of the ad valorem tax on real property in the Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection Grand Island Regular Meeting - 7/1/2010 Page 25 / 66 with the bonds, loans, notes or advances of money to, or indebtedness incurred by whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Project shall be paid into the funds of the respective public bodies. Section 3.02 Issuance of TIF Indebtedness The Authority shall incur TIF Indebtedness in the form and principal amount and bearing interest and being subject to such terms and conditions as are specified on the attached exhibit C. No TIF Indebtedness will be issued until Redeveloper has (a) acquired fee title to the Redevelopment Area; (b) obtained financing commitments as described in Section 5.01; and (c) entered into a contract for construction of the Project. The Authority shall have no obligation to find a lender or investor to acquire the TIF Indebtedness, but rather shall issue the TIF Indebtedness to the Redeveloper upon payment of the principal amount thereof. The purchase price of the TIF Indebtedness may be offset against the Grant described in Section 3.04 hereof. The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a limited obligation of the Authority payable exclusively from that portion of the ad valorem real estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied, collected and apportioned from year to year with respect to certain real estate located within the "Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the Authority and the Authority shall be liable for the payment thereof only out of said portion of taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of the State of Nebraska or of the City or the Authority (except for such receipts as have been pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City shall be liable for the payment thereof from any fund or source including but not limited to tax monies belonging to either thereof (except for such receipts as have been pledged pursuant to Section 3.03). Neither the members of the Authority's governing body nor any person executing the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all events no later than 15 years from the effective date set forth in Section 3.01 hereof. Section 3.03 Pledge of TIF Revenues. The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF Indebtedness. Section 3.04 Grant of Proceeds of’ TIF Indebtedness. From the proceeds of the TIF indebtedness incurred as described on Exhibit C, the Authority shall grant the following sums to the following entities, to wit: 100% to the Redeveloper for Project Costs. Grand Island Regular Meeting - 7/1/2010 Page 26 / 66 Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon certification that the Redeveloper has incurred or is obligated to incur such Project Costs which include supporting documentation requested by the Authority and shall, if requested by Redeveloper, be made in one or more advances. Section 3.05 Creation of Fund. The Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to Sections 3.02 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance. (a) Redeveloper will complete the Project and install all infrastructure, improvements, buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. As used herein, the term “completion” shall meant substantial completion of the Project. (b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of any of the policies. Section 4.02 Cost Certification. Redeveloper shall submit to the Authority a certification of Project Costs, on or before the Grand Island Regular Meeting - 7/1/2010 Page 27 / 66 issuance of the TIF Indebtedness which shall contain detail and documentation showing the payment or obligation for payment of Project Costs specified on the attached Exhibit D in an amount at least equal to the grant to Redeveloper pursuant to Section 3.05. Section 4.03 Legal Costs. Redeveloper shall pay the Authority the sum of $5,000 for the costs incurred by the Authority associated with the issuance of the TIF Indebtedness. Redeveloper understands that the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not the Redeveloper. Section 4.04 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as any TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Section 4.05 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation of the Redevelopment Area and Project of One Million Eight Hundred Thousand Dollars ($1,800,000) no later than no later than January 1, 2011. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the Redevelopment Area of less than One Million Eight Hundred Thousand Dollars ($1,800,000) after substantial completion or occupancy; (2) convey the Redevelopment Area on structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area and Project to become delinquent during the term that any TIF Indebtedness is outstanding. Section 4.07 Assignment or Conveyance. Any assignment or conveyance of the any portion of the Redevelopment, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and conditions of this Redevelopment Contract. Section 4.08 Purchase of TIF Indebtedness. The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount thereof upon issuance of such debt. The Authority may provide that such purchase be offset against the grant provided in Section 3.04 hereof. Grand Island Regular Meeting - 7/1/2010 Page 28 / 66 Section 4.09 Penal Bond. The Developer shall execute a penal bond for the Project with good and sufficient surety to be approved by the Authority meeting the requirements of Section 18-2151, Reissue Revised Statutes of Nebraska, as amended, on or prior to its execution of this Contract. ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs and any and all other costs related to the Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness, Redeveloper shall provide the Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts associated with the Project. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or any successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform on in breach of its obligations. Section 6.02 Additional Remedies of Authority In the event that: (a)the Redeveloper, on successor in interest, shall fail to complete the construction of the Project on or before January 1, 2011, or shall abandon construction work for any period of 90 days, Grand Island Regular Meeting - 7/1/2010 Page 29 / 66 (b)the Redeveloper, on successor in interest, shall fail to pay real estate taxes or assessments on the Redevelopment Area on any part thereof or payments in lieu of taxes pursuant to Section 4.07 when due; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, and such failure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness, plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to the Authority within 30 days of demand from the Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right or rescission on termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Forced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Redevelopment Area for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of forced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Grand Island Regular Meeting - 7/1/2010 Page 30 / 66 Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such forced delay, the time or times for performance of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the forced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such forced delay, have first notified the other party thereto in writing, and of the cause or causes thereof and requested an extension for the period of the forced delay. Section 6.05 Limitations of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither the City, the Authority, nor their officers, directors, employees, agents nor their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The sole obligation of the Authority under this Redevelopment Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the City and the Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City nor Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the City and Authority from, agrees that neither the City or the Authority shall be liable for, and agrees to indemnify and hold the City and the Authority harmless from any liability for any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the City and the Authority and their directors, officers, agents, employees and member of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether on not related to the Project, or resulting from or in any way connected with specified events, including the management of’ the Project, or in any way related to the enforcement of this Redevelopment Contract or army other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. This Redevelopment Contract or a notice memorandum of this Redevelopment Contract Grand Island Regular Meeting - 7/1/2010 Page 31 / 66 shall be recorded with the County Register of Deeds in which the Redevelopment Area is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska, including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contract shall be binding on the parties hereto and their respective successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. Section 7.04 Third Party Enforcement, The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment Contract in a court of law. IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA _________________________________By:___________________________________ Secretary Chairman STATE OF NEBRASKA ) ) ss. COUNTY OF HALL) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by _______________ and ________________, Chair and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. __________________________________ Notary Public Grand Island Regular Meeting - 7/1/2010 Page 32 / 66 Ken Ray, LLC By:_____________________________ Manager STATE OF NEBRASKA ) ) ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by ___________________, Manager of Ken Ray, LLC, on behalf of the limited liability company. __________________________________ Notary Public Grand Island Regular Meeting - 7/1/2010 Page 33 / 66 EXHIBIT A DESCRIPTION OF REDEVELOPMENT AREA Lots 2 and 3, Equestrian Meadows Second Subdivision to the city of Grand Island, Hall County, Nebraska A-I Grand Island Regular Meeting - 7/1/2010 Page 34 / 66 EXHIBIT B DESCRIPTION OF PROJECT Site acquisition, demolition and construction of a 17,500 commercial/ office building together with the required electrical, water, sanitary sewer and storm sewer extensions, as required by the City of Grand Island. B- 1 Grand Island Regular Meeting - 7/1/2010 Page 35 / 66 EXHIBIT C TIF INDEBTEDNESS 1.Principal Amount:$299,600.00 [annual payment amounts assumed are $21,400] 2.Payments:Semi-annually or more frequent, with payments limited to annual incremental taxes revenues from the project. 3. Interest Rate: Zero percent (0.00%) 4. Maturity Date:On or before December 31, 2025. C-1 Grand Island Regular Meeting - 7/1/2010 Page 36 / 66 EXHIBIT D PROJECT COSTS All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including: 1.Redevelopment Area Acquisition cost 2.Site demolition work and site preparation 3.Utility extensions, installation of gas, water, sewer and electrical lines and equipment D-1 Grand Island Regular Meeting - 7/1/2010 Page 37 / 66 Grand Island Regular Meeting - 7/1/2010 Page 38 / 66 Grand Island Regular Meeting - 7/1/2010 Page 39 / 66 Grand Island Regular Meeting - 7/1/2010 Page 40 / 66 Grand Island Regular Meeting - 7/1/2010 Page 41 / 66 Grand Island Regular Meeting - 7/1/2010 Page 42 / 66 Grand Island Regular Meeting - 7/1/2010 Page 43 / 66 Grand Island Regular Meeting - 7/1/2010 Page 44 / 66 Grand Island Regular Meeting - 7/1/2010 Page 45 / 66 Grand Island Regular Meeting - 7/1/2010 Page 46 / 66 Grand Island Regular Meeting - 7/1/2010 Page 47 / 66 Grand Island Regular Meeting - 7/1/2010 Page 48 / 66 Grand Island Regular Meeting - 7/1/2010 Page 49 / 66 Grand Island Regular Meeting - 7/1/2010 Page 50 / 66 Grand Island Regular Meeting - 7/1/2010 Page 51 / 66 Grand Island Regular Meeting - 7/1/2010 Page 52 / 66 Grand Island Regular Meeting - 7/1/2010 Page 53 / 66 Grand Island Regular Meeting - 7/1/2010 Page 54 / 66 Grand Island Regular Meeting - 7/1/2010 Page 55 / 66 Grand Island Regular Meeting - 7/1/2010 Page 56 / 66 Grand Island Regular Meeting - 7/1/2010 Page 57 / 66 Grand Island Regular Meeting - 7/1/2010 Page 58 / 66 Grand Island Regular Meeting - 7/1/2010 Page 59 / 66 Grand Island Regular Meeting - 7/1/2010 Page 60 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item K1 Budget Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 61 / 66 COMMUNITY REDEVELOPMENT AUTHORITY GRAND ISLAND, NEBRASKA RESOLUTION NO. 115 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA (the “Authority”) RECOMMENDING A LEVY ALLOCATION BY THE CITY OF GRAND ISLAND TO THE AUTHORITY FOR ITS BUDGETARY PURPOSES IN FISCAL YEAR 2010-2011 AS AUTHORIZED BY NE. REV. STATUTES 77-3443, AS AMENDED. WHEREAS, the Mayor and City Council of the City of Grand Island, Nebraska (the “City”), by its Ordinance passed and adopted June 27, 1994, created the Community Redevelopment Authority of the City of Grand Island, Nebraska, pursuant to Sections 18-2101 through 18-2153 of the Nebraska Community Development Law; Reissue Revised Statutes of Nebraska, as amended (the “Act”); WHEREAS, on July 1, 2010, the members of the Community Redevelopment Authority of the City of Grand Island considered its budget for fiscal year 2010-2011 and determined that a request for personal and real property tax in the amount of $425,000 is necessary to accomplish the statutory purposes of the Authority in the upcoming fiscal year and that the accomplishment of these purposes is in the best interests of the City of Grand Island. NOW, THEREFORE BE IT RESOLVED THAT, by copy of this Resolution delivered to the City of Grand Island on this date, the Authority hereby requests and recommends that the City of Grand Island, Nebraska, as a part of the City maximum levy of $.45 per $100 of taxable valuation of property, as authorized by the Revised Statutes of Nebraska, Section 77-3442, authorize a 2010-2011 levy allocation which will provide $425,000 in personal and real property tax funds to the Community Redevelopment Authority of the City of Grand Island for the accomplishment of the purposes for which it was created. Passed and approved by the Authority this 1st day of July, 2010. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA By:_________________________________ Chair ATTEST: _____________________________ Director Grand Island Regular Meeting - 7/1/2010 Page 62 / 66 Community Redevelopment Authority (CRA) Thursday, July 1, 2010 Regular Meeting Item X1 Property Swap Staff Contact: Chad Nabity Grand Island Regular Meeting - 7/1/2010 Page 63 / 66 Legal Description of CRA Lots on First and Sycamore Streets: All of Lots Three and Four (3 & 4) in Block Ninety Two (92) in the Original Town, now City of Grand Island, Hall County, Nebraska. And All of Lot Two (2), except the Easterly Six (6.0) feet of the Northerly One Hundred Three (103.0) feet of the Easterly Thirty Seven (37.0) feet of the Southerly Twenty Nine (29.0) feet thereof in Block Ninety Two (92) in the Original Town, now City of Grand Island, Hall County, Nebraska. Legal Description of Fire Station Lots: Lots Ten and Eleven (10 & 11) of Campbell’s Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Regular Meeting - 7/1/2010 Page 64 / 66 COMMUNITY REDEVELOPMENT AUTHORITY GRAND ISLAND, NEBRASKA RESOLUTION NO. 114 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA, PERTAINING TO THE SALE OF REAL ESTATE AND TO PROVIDE THE TERMS THEREOF. WHEREAS, the CRA has acquired tracts of land known as 203 E 1st Street, 217 E 1st Street and 211 E 1st Street in Grand Island, Nebraska, as a part of its activities in Redevelopment Area #1; and WHEREAS, the public has been invited to submit offers for the purchase of the tract; and WHEREAS, no offers were received from the public; and WHEREAS, this property is located in close proximity to the Grand Island City Hall and is a logical property for the location of municipal government services in the future; and WHEREAS, the City of Grand Island owns and has declared surplus property located south of the old fire station on Koenig and Pine Streets in Redevelopment Area #2 that has redevelopment potential, and WHEREAS, the Grand Island City Council approved Ordinance # 9263 conveying the surplus city lots located south of the old fire station on Koenig and Pine Streets in Redevelopment Area #2; and WHEREAS, the Grand Island City Council approved Resolution 2010-160 approving the acquisition of the property owned by the Community Redevelopment Authority at 203 E 1st Street, 217 E 1st Street and 211 E 1st Street in Grand Island, Nebraska; NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA that: 1. The offer from the City of Grand Island to exchange title and interest in the property owned by the City of Grand Island described as: Lots Ten and Eleven (10 & 11) of Campbell’s Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Regular Meeting - 7/1/2010 Page 65 / 66 for title and interest in property owned by the Community Redevelopment Authority described as: All of Lots Three and Four (3 & 4) in Block Ninety Two (92) in the Original Town, now City of Grand Island, Hall County, Nebraska. And All of Lot Two (2), except the Easterly Six (6.0) feet of the Northerly One Hundred Three (103.0) feet of the Easterly Thirty Seven (37.0) feet of the Southerly Twenty Nine (29.0) feet thereof in Block Ninety Two (92) in the Original Town, now City of Grand Island, Hall County, Nebraska. is hereby accepted. 2. Neither party shall be required to furnish title insurance and each party shall pay their own costs. 3. The Chairperson and Director are hereby authorized to proceed with execution of all documents necessary for the sale and conveyance of the above described real estate. PASSED AND APPROVED this 1st day of July, 2010. ATTEST: COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA _________________________By ______________________________________ Director Chair Grand Island Regular Meeting - 7/1/2010 Page 66 / 66