City Council Agenda Packet January 06, 2020

Agenda Packet

NORFOLK CITY COUNCIL MEETING

Monday, January 6, 2020 5:30 p.m.

Created 1/2/2020 1:59 PM

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NOTICE OF MEETING CITY OF NORFOLK, NEBRASKA

NOTICE IS HEREBY GIVEN that a meeting of the City Council of the City of Norfolk, Nebraska, will be held at 5:30 p.m. on Monday, January 6, 2020, in the Council Chambers, 309 N. 5th St., Norfolk, Nebraska, which meeting will be open to the public. The Mayor and City Council reserve the right to adjourn into closed session as per Section 84-1410 of the Nebraska Revised Statutes. An agenda for such meeting, kept continually current, is available at the office of the City Clerk, 309 N 5th St, Norfolk Nebraska, during normal business hours. Individuals requiring physical or sensory accommodations, who desire to attend or participate, please contact the City Clerk's office at (402) 844-2000 no later than 4:30 p.m. on the Friday preceding the meeting.

Brianna Duerst City Clerk Publish (January 03, 2020) 1 P.O.P.

Page 2 of 84 AGENDA NORFOLK CITY COUNCIL MEETING January 06, 2020 In accordance with Section 84-1412 sub-section eight (8) of the Reissue Revised Statutes of the State of Nebraska 1943, as amended, one copy of all reproducible written material to be discussed is available to the public at this meeting for examination and copying. The Mayor and City Council reserve the right to adjourn into closed session as per Section 84-1410 of the Nebraska Revised Statutes.

CALL TO ORDER 1. 5:30 p.m. - call meeting to order 2. Inform the public about the location of the Open Meetings Act posted in the Council Chambers and accessible to members of the public 3. Moment of silence/Pledge of Allegiance to the flag of the United States of America 4. Roll call

RECOMMENDED ACTIONS 5. Approval of consent agenda. Motion All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately. 6. Approval of full agenda. Motion

CONSENT AGENDA 7. Consideration of approval of the minutes of the December 16, 2019, City Motion Council meeting. 8. December sales tax report (October sales) Motion 9. Consideration of approval of a temporary construction easement and Motion permanent sewer easement from Leonard J. and Carla M. Olmer for property for the Omaha Avenue Sewer Extension project for an amount of $7,500.00. 10. Consideration of Resolution No. 2020-1 authorizing approval of an Resolution 2020-1 agricultural deferral of special assessments request from Jan L. Einspahr for property located in Water Extension District No. 121. 11. Consideration of approval of forwarding no recommendation to the Nebraska Motion Liquor Control Commission on the Manager Application of Todd Clement in connection with the Class I liquor license of Blazin Wings, Inc., dba Buffalo Wild Wings #719, 2019 Krenzien Dr.

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12. Consideration of Resolution No. 2020-2 designating authorized signers for Resolution 2020-2 the City of Norfolk accounts at Bank First. 13. Consideration of approval of the Mayor signing a letter of intent to be Motion submitted to the Nebraska Department of Economic Development for the Civic and Community Center Financing Fund (CCCFF) for a construction grant. 14. Consideration of approval of all bills on file. Motion

REGULAR AGENDA 15. Consideration of approval of Ordinance No. 5644 annexing a tract of land Ordinance No. 5644 generally located south of Highway 275 and west of South Victory Road. Ordinance No. 5644 passed on first reading at the December 2, 2019 City Council meeting, and on second reading at the December 16, 2019 City Council meeting. 16. Consideration of approval of an agreement with CBRE, Inc. for professional Motion services related to development oversight and business recruitment in the downtown business district, and authorization to expend funding for such services in accordance with the voter-approved Economic Development Plan. 17. Consideration of Ordinance No. 5645 granting a franchise to ALLO Ordinance No. 5645 Communications, LLC to operate and maintain a cable television system in Norfolk.

Page 4 of 84 309 N 5th Street Norfolk, NE 68701 P402-844-2012 F402-844-2028 right at home. www.norfolkne.gov

STAFF MEMORANDUM NORFOLK CITY COUNCIL MEETING January 06, 2020

CONSENT AGENDA 7. Consideration of approval of the minutes of the December 16, 2019, City Motion Council meeting.

See Enclosure 7.

8. December sales tax report (October sales) Motion

December sales tax receipts (October sales) are $760,004.07. The City's sales tax receipts are up $71,330.82 or 10.36% from last December. Motor vehicle sales tax was down $4,075.03 while consumer use tax was up $4,054.00. The remaining increase was in other sales tax. Fiscal year to date sales tax receipts are $194,041.88 or 9.10% more than budgeted. Included in the agenda packet is a sales tax comparison by month.

See Enclosure 8.

Page 5 of 84 Staff Memorandum - 2 - City Council Meeting January 06, 2020 9. Consideration of approval of a temporary construction easement and Motion permanent sewer easement from Leonard J. and Carla M. Olmer for property for the Omaha Avenue Sewer Extension project for an amount of $7,500.00.

The temporary construction easement for $5,278.00, and the permanent sewer easement for $2,222.00 are for the construction, maintenance, and operation of a sewer line for the Omaha Avenue Sewer Extension project. Staff recommend approval.

See Enclosure 9.

10. Consideration of Resolution No. 2020-1 authorizing approval of an Resolution 2020-1 agricultural deferral of special assessments request from Jan L. Einspahr for property located in Water Extension District No. 121.

This resolution approves the agricultural deferral of special assessments request from Jan L. Einspahr for property described as parcel #10 in Ordinance No. 5596 creating Water Extension District No. 121. Staff recommend approval.

See Enclosure 10.

11. Consideration of approval of forwarding no recommendation to the Nebraska Motion Liquor Control Commission on the Manager Application of Todd Clement in connection with the Class I liquor license of Blazin Wings, Inc., dba Buffalo Wild Wings #719, 2019 Krenzien Dr.

See Enclosure 11.

12. Consideration of Resolution No. 2020-2 designating authorized signers for Resolution 2020-2 the City of Norfolk accounts at Bank First.

See Enclosure 12.

13. Consideration of approval of the Mayor signing a letter of intent to be Motion submitted to the Nebraska Department of Economic Development for the Civic and Community Center Financing Fund (CCCFF) for a construction grant.

See Enclosure 13.

14. Consideration of approval of all bills on file. Motion

Page 6 of 84 Staff Memorandum - 3 - City Council Meeting January 06, 2020

The property owner, Amber Pinkelman of Pinkelman Truck & Trailer, Inc., has requested the City of Norfolk annex Lot 3 of Wiborg 2nd Addition for development of this property. Staff recommend approval.

See Enclosure 15.

16. Consideration of approval of an agreement with CBRE, Inc. for professional Motion services related to development oversight and business recruitment in the downtown business district, and authorization to expend funding for such services in accordance with the voter-approved Economic Development Plan.

See Enclosure 16.

17. Consideration of Ordinance No. 5645 granting a franchise to ALLO Ordinance No. 5645 Communications, LLC to operate and maintain a cable television system in Norfolk.

ALLO has requested a cable television franchise within the City of Norfolk. Ordinance No. 5645 grants the requested franchise to operate and maintain a cable television system in Norfolk. The franchise is for an initial ten year term and automatically extends for another ten years unless either party gives 3 year advance notice of its desire not to automatically extend. ALLO will pay the City a franchise fee of 5% of gross revenue attributable to its cable television operations in Norfolk.

See Enclosure 17.

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CITY OF NORFOLK, NEBRASKA

The Mayor and City Council of the City of Norfolk, Nebraska met in regular session in the Council Chambers, 309 North 5th Street, Norfolk, Nebraska on the 16th day of December, 2019, beginning at 5:30 p.m.

Following a moment of silence and the Pledge of Allegiance to the flag of the United States of America, Mayor Josh Moenning called the meeting to order. Roll call found the following Councilmembers present: Corey Granquist, Jim Lange, Rob Merrill, Fred Wiebelhaus, Thad Murren, Gary L. Jackson, Shane Clausen, and Dick Pfeil. Absent: None.

Staff members present were: City Administrator Andy Colvin, City Attorney Danielle Myers- Noelle, City Clerk Brianna Duerst, Finance Officer Randy Gates, Administrative Secretary Bethene Hoff, Public Works Director Steve Rames, Risk Manager Lyle Lutt, City Planner Val Grimes, Water and Sewer Director Dennis Watts, Parks and Recreation Director Pat Mrsny, Economic Developer Candice Alder, Solid Waste Supervisor Rob Mercer and Police Chief Don Miller.

The Mayor presided and the City Clerk recorded the proceedings.

The Mayor informed the public about the location of the current copy of the Open Meetings Act posted in the City Council Chambers and accessible to members of the public.

Notice of the meeting was given in advance thereof by publication in the Norfolk Daily News, Norfolk, Nebraska, the designated method of giving notice, as shown by affidavit of publication.

Notice was given to the Mayor and all members of the Council and a copy of their acknowledgement of receipt of notice and agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the public.

Agenda Motions

Councilmember Wiebelhaus moved, seconded by Councilmember Merrill to approve the consent agenda as printed. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Councilmember Merrill moved, seconded by Councilmember Murren to adopt the full agenda as printed. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Consent Agenda Items Approved

Minutes of the December 2, 2019, City Council meeting

Keno Comparison report for November 2019

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Advertise for bids for a replacement HVAC (heating, ventilation and air conditioning) system for the Administration building

Engineer's Final Certificate for the Northeast Industrial Sanitary Sewer Extension - Phase 2 (Sanitary Sewer Extension District No. 251)

Plans, specifications, and engineer's estimate on file in the City Offices for the Miracle Skatepark construction project and authorization for the City Clerk to advertise for bids

Mayor's reappointment of Councilmen Jim Lange, Thad Murren, and Dick Pfeil to the Railroad Transportation Safety District for a one-year term as required by state statute

Accept the low bid from Northern Truck Equipment Corp, Sioux Falls, SD, for $74,929.00 to purchase a new live floor transfer trailer for the Transfer Station

Resolution No. 2019-73 approving the final plat of Victory Road Subdivision

Special Designated Liquor License for Jim's Fine Wine & More, 2001 Market Lane, to serve wine and distilled spirits at Dr. Kim Chiropractor's office, 324 West Norfolk Avenue, on January 29, 2020, from 5:00 p.m. to 9:00 p.m. for a wine and cordial tasting event

Change Order No. 2 with JJK Construction, LLC for 2019 Norfolk Bridge Repairs project resulting in a net decrease of $11,988.98

Innate Development, LLC easement agreement for property on Lot 1, Block 1, Legacy Bend Second Addition

Innate Development, LLC easement agreement for property on Lots 1 and 4, Block 1, Legacy Bend Second Addition

D&L Towing and Recovery, L.L.C., a Nebraska Limited Liability Company, extension agreement extending the original agreement to December 31, 2021 on the same terms and conditions as the “original agreement” approved on January 5, 2016

Bills in the amount of $1,789,597.71

Public Hearings and Related Items

Public Hearing (Citizen Advisory Review Committee)

A public hearing was held to receive a report on findings and suggestions from the economic development Citizen Advisory Review Committee as required by State Statutes Section 18- 2715. Finance Officer Randy Gates provided information to the Mayor and City Council. State Statutes require a Citizen Advisory Review Committee (CARC). The citizens serving on CARC are: Cindy Morrow, Brandon Day, Aaron Otten, Jan Einspahr and Kathie Means. The City's Finance Officer serves as an ex officio non-voting member of CARC. State Statutes require the CARC to meet at least once in every six-month period and to report to the City Council on its

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findings and suggestions at a public hearing called for that purpose. The committee reviewed and discussed the following: 1. Current funding. 2. Economic development update. 3. CARC findings and suggestions for public hearing.

This item was for informational purposes only.

Public Hearings (Arbor View Redevelopment Plan)

A public hearing was held to consider the Redevelopment Plan for the Arbor View Redevelopment Project.

Finance Officer Randy Gates provided information to the Mayor and City Council. The Community Development Agency accepted the Arbor View Redevelopment Plan on November 4, 2019 and forwarded it to the Planning Commission for recommendation. On November 19, 2019 the Planning Commission held a hearing to receive comments on and review the Plan. After the hearing the Planning Commission found the Plan to conform to the Norfolk Comprehensive Plan and voted 7-0 to recommend Plan approval. The CDA approved Resolution No. 2019-14 on December 2, 2019 recommending approval of the Redevelopment Plan to the City Council.

The Redevelopment Project will consist of constructing approximately 13 single-family homes over the course of multiple phases/years. The homes will be situated on smaller lots, contributing to their affordability. Some streets serving the proposed development are being put in as part of the Nor-Park Development. Granville will extend East Bluff Avenue to serve the eastern residential lots and provide access to the planned City park in this area. Granville will also construct sidewalks and water and sewer improvements serving the development. Electric utilities will be extended to each lot in the development. TIF will be used to pay for these infrastructure improvements, site acquisition and preparation, and related development costs.

Mary Swensen, 812 S Willow, expressed concerns about the area and additional housing regarding safety, limited area for the proposed park, extra traffic and flooding. Swensen said the residential streets in the area can’t handle that much additional traffic and feels most people will use the residential streets instead using the highway as it is difficult to turn on the highway due to the traffic.

Public Works Director Steven Rames said the Department of Transportation did a high-level traffic study using the number of projected lots in the Nor-Park development and the results of the study indicated there was no warrant for a signal at Chestnut St and Hwy 275. Rames said there will be a stormwater retention area on the east side of the development that will be maintained by the City Rames also said the park area is approximately 2 acres and will likely be a park/trail head area with a restroom and parking.

Councilman Lange said he feels a majority of the traffic will use Highway 275 and not the residential streets.

Councilmember Clausen said the initial plans for the Nor-Park development only included two accesses and the City worked with the developer to get a third access to alleviate traffic concerns.

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Sarah Fechner, 809 S Willow, expressed concerns over flooding and run-off and stated the homes that have started construction are higher than the home currently there. Rames said he would need to visit the site and noted there is a 20-foot drainage easement on the west lots. No one else appeared either in favor of or in opposition to the Arbor View Redevelopment Plan and the Mayor declared the hearing closed. Resolution No. 2019-74 (Arbor View Redevelopment Plan) Councilmember Wiebelhaus moved, seconded by Councilmember Lange, for adoption of Resolution No. 2019-74 approving the Redevelopment Plan for the Arbor View Redevelopment Project. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 20109-74 was adopted. Resolution No. 2019-74 was adopted. Regular Agenda Items

Ordinance No. 5644 (Annexation, south of Highway 275 and west of South Victory Road)

Councilmember Wiebelhaus introduced, seconded by Councilmember Lange, Ordinance No. 5644 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO ANNEX TO SAID CITY A TRACT OF LAND LYING IN THE NORTHEAST ¼ OF SECTION 35, THE NORTHWEST ¼ OF SECTION 36, ALL IN TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA and moved that the ordinance be passed on second reading. Said ordinance was then read into the record by title by the City Clerk.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5644 passed on second reading.

Olsson, Inc. contract (South Highway 81 Water Extension project)

Councilmember Pfeil moved, seconded by Councilmember Lange, for approval of an engineering services contract with Olsson, Inc. for the South Highway 81 Water Extension project for an amount of $7,837.00.

Rames provided information to elected officials and said residents in the area are desirous of City water service. The contract includes only topographic survey of the area along South Highway 81 between the Elkhorn River and Sherwood Drive.

Councilmember Wiebelhaus asked if data from the survey that was done for the previous sewer extension in the area could be used. Rames said a new survey is necessary as it will capture elevation, topographic features, and any public and private utilities.

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Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. JEO Consulting Group, Inc. Agreement Amendment #1 (Braasch Avenue, 5th Street to 1st Street project) Councilmember Merrill moved, seconded by Councilmember Granquist, for approval of Amendment #1 to the engineering services agreement with JEO Consulting Group, Inc., for the Braasch Avenue, 5th Street to 1st Street project for a total amended amount of $70,046.00. Rames provided information to elected officials. Amendment #1 provides for additional services required for the Braasch Avenue Improvements between 5th Street and 1st Street including improvements to 4th Street, 4th Street roundabout preliminary design, 1st Street roundabout preliminary design, additional general civil design/project management/procurement, additional drainage study, and value engineering resulting in a revised contract amount of $464,346.00. The total adjusted design fee is 10.5% of construction, which Rames feels is still reasonable. While some aspects of the preliminary design have been removed from the plan, the design information is available if needs change in the future. Mary Swensen, 812 S Willow, said there was not room for a roundabout at 4th Street and Braasch Avenue. Rames said the roundabout at 4th Street has been removed from the plan. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Found Design, LLC, dba MERJE, contract. (Wayfinding Assessment project) Councilmember Granquist moved, seconded by Councilmember Lange, for approval of a contract with Found Design, LLC (d.b.a. MERJE) for City of Norfolk, NE Wayfinding Assessment project for an amount of $21,950.00. Rames provided information to elected officials. The contract is for the development of a wayfinding program for the City of Norfolk, and includes development of a community wayfinding concept and wayfinding schematic design. $15,000 is included in this year’s budget for the program with the remaining to be provided by the Visitor’s Bureau. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

McLaury Engineering, Inc. contract Addendum #1 (Gap Paving Projects 2018)

Councilmember Merrill moved, seconded by Councilmember Lange, for approval of Addendum #1 to the engineering design services contract with McLaury Engineering, Inc. for the Gap Paving Projects 2018 for $30,000.00.

Rames provided information to elected officials. Addendum #1 provides for changes to the project scope, addition of street paving and sidewalk paving, breaking projects into separate districts, rebidding Square Turn Sidewalk project, development of legal descriptions for districts, and increased storm sewer design for Square Turn Boulevard.

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Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Olsson, Inc. agreement (right-of-way services for the North Fork River Restoration project and trail)

Councilmember Lange moved, seconded by Councilmember Murren, for approval of a professional services consultant agreement with Olsson for right-of-way services for the North Fork River Restoration project and for the trail south of Norfolk Avenue along the North Fork Elkhorn River to Madison Avenue, on a time and expense basis not to exceed $12,000.00.

Rames provided information to elected officials. This agreement plats the North Fork of the Elkhorn River from Norfolk Avenue south to Madison Avenue. This plat resolves boundary discrepancies in this area and establishes City right-of-way between the east and west banks of the river.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Public Comment Period

No comments were received during the public comment period.

There being no further business, the Mayor declared the meeting adjourned at 6:42 p.m.

______Josh Moenning Mayor ATTEST:

______Brianna Duerst City Clerk

( S E A L )

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I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original document of proceedings of Monday, December 16, 2019, had and done by the Mayor and City Council; that all of the subjects included in the proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting.

______Brianna Duerst City Clerk

( S E A L )

1/6/2020 Enclosure 7 Page 14 of 84 CITY OF NORFOLK 1 1/2 CENT SALES TAX COMPARISON 2015 - 2020

PAYMENT FISCAL YEARS ENDED SEPTEMBER 30, 2020 DATE 2015 2016 2017 2018 2019 2020 BUDGET CHANGE 2019 TO 2020 BUDGET VARIANCE October $ 753,949.42 $ 676,884.35 $ 691,047.65 $ 678,401.87 $ 749,907.08 $ 791,667.22 $ 749,907.08 $ 41,760.14 5.57%$ 41,760.14 5.57% November $ 725,734.65 $ 639,696.03 $ 666,760.27 $ 654,681.26 $ 693,592.86 $ 773,622.59 $ 689,632.34 $ 80,029.73 11.54%$ 83,990.25 12.18% December $ 684,327.08 $ 650,060.03 $ 663,578.12 $ 651,260.81 $ 688,673.25 $ 760,004.07 $ 691,712.58 $ 71,330.82 10.36%$ 68,291.49 9.87% January $ 692,965.08 $ 642,697.76 $ 672,893.22 $ 705,769.95 $ 722,650.88 $ - $ 718,206.18 -$ 0.00% -$ 0.00% February $ 825,791.28 $ 800,623.67 $ 797,267.30 $ 799,180.83 $ 812,345.69 $ - $ 812,345.69 -$ 0.00% -$ 0.00% March $ 604,219.61 $ 566,286.90 $ 579,854.82 $ 610,326.58 $ 632,492.20 $ - $ 632,492.20 -$ 0.00% -$ 0.00% April $ 573,693.21 $ 585,739.56 $ 569,141.80 $ 575,250.20 $ 606,371.26 $ - $ 606,371.26 -$ 0.00% -$ 0.00% May $ 677,743.31 $ 671,526.42 $ 703,172.86 $ 690,707.66 $ 712,360.98 $ - $ 690,707.66 -$ 0.00% -$ 0.00% June $ 636,506.56 *$ 640,120.58 $ 643,402.37 $ 649,735.86 $ 738,010.16 $ - $ 649,735.86 -$ 0.00% -$ 0.00% July $ 659,979.97 $ 662,828.95 $ 670,767.34 $ 785,104.37 $ 761,157.69 $ - $ 785,104.37 -$ 0.00% -$ 0.00% August $ 697,205.69 $ 711,339.14 $ 729,884.21 $ 786,723.11 $ 756,686.77 $ - $ 788,650.73 -$ 0.00% -$ 0.00% September $ 679,600.40 $ 672,064.20 $ 645,165.09 $ 734,838.03 $ 748,664.90 $ - $ 734,838.03 -$ 0.00% -$ 0.00%

TOTALS $8,211,716.26 $7,919,867.58 $8,032,935.04 $ 8,321,980.52 $ 8,622,913.72 $ 2,325,293.88 $ 8,549,703.98 $ 193,120.69 9.06%$ 194,041.88 9.10%

* All June 2015 motor vehicle sales tax receipts are included with the 1 1/2 cent sales tax receipts.

1 1/2 Cent Sales Tax Comparison

… $1,000,000.00

2015

$800,000.00 2016

2017 $600,000.00 2018 $400,000.00 2019 2020 $200,000.00

$- October November December January February March April May June July August September

1/6/2020 Enclosure 8 Page 15 of 84 Project No.: City of Norfolk- Omaha Avenue Extension-017-0379 Tract No.:,--'2=---______Address: 611 North 61 St Street Norfolk. Nebraska 68701

TEMPORARY CONSTRUCTION EASEMENT (INDIVIDUAL and/or PARTNERSHIP)

KNOW ALL MEN BY THESE PRESENTS:

THAT LEONARD J. OLMER AND CARLA M. OLMER, husband and wife, hereinafter referred to as GRANTOR(S), (whether one or more) for and in consideration of the sum of FIVE THOUSAND, TWO HUNDRED SEVENTY-EIGHT and NO/tOO DOLLARS ($5,278.00> and other valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto the CITY OF NORFOLK, NEBRASKA, a Municipal Corporation, hereinafter referred to as CITY, and to its successors and assigns, an easement for the right to enter upon and use for working space for the construction of City of Norfolk - Omaha Avenue Sewer Improvements and appurtenances thereto, the parcel of land described as follows, to-wit:

SEE ATTACHED EXHmIT "A" TEMPORARY EASEMENT LEGAL DESCRIPTION

It is further agreed as follows:

1. That this easement runs with the land and terminates thirty (30) days after the improvement is completed, with the total duration of actual use of this temporary construction easement not to exceed ill year(s) or 365 calendar days from the date construction begins.

2. That said easement is granted upon the condition that the CITY will remove or cause to be removed all presently existing improvements thereon, including but not limited to crops, vines, gardens and lawns within the easement area as necessary for construction with the following exceptions:

3. That the CITY shall cause any trench made on said easement strip to be properly refilled and shall cause the area disturbed under this easement to be restored upon completion of construction. This temporary easement is also for the benefit of any contractor, agent, employee, public utility company and representative of the CITY in any of said construction work.

4. That said GRANTOR(S) for himself or themselves and his or their heirs, executors and administrators does or do confirm with the said CITY and its assigns, including public utility companies and their assigns, that he or they, the GRANTOR(S) is or are well seized in fee of the above described property and that he or they has or have the right to grant and convey this easement in the manner and form aforesaid, and that he or they will, and his or their heirs, executors and administrators, shall warrant, and defend this temporary easement to said CITY and its assigns including public utility companies and their assigns against the lawful claims and demands of all persons.

5. The CITY reserves the absolute right to terminate this easement at any time prior to the payment of the above stated consideration, but in no event later than 60 days after the execution of this Easement Agreement.

6. That this instrument contains the entire agreement of the parties; that there are no other or different agreements or understandings, except a Permanent Easement or Acquisition if and as applicable, between the GRANTOR(S) and the CITY or its agents; and that the GRANTOR(S) in executing and delivering this instrument, has not relied upon promises, inducements, or representations of the CITY or its agents or employees, except as are set forth herein.

7. The consideration recited includes damages for change of grade, if any, and any and all claims for damage arising from change of grade or grading are hereby waived.

8. The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting.

1/6/2020 Enclosure 9 Page 16 of 84 TEMPORARY CONSTRUCTION EASEMENT Page Two (2) Owner: Leonard J. Dlmer and Carla M. Dlmer Tract No.: 2

CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage.

1/6/2020 Enclosure 9 Page 17 of 84 TEMPORARY CONSTRUCTION EASEMENT Page -,,-;1«Iii (~) Owner: Leonard J. Olmer and Carla M Olmer TractNo.: 2

IN WITNESS WHEREOF said GRANTOR(S) has or have hereunto set his or their hand(s) thisu. day of "C-71> delL- , 2019.

INDnnDUALan~orPARTNERSHIP

~Ja~ Carla M. Olmer

INDnnDUAL ACKNOWLEDGMENT

STATE OF NEBRASKA ) )ss. COUNTY OF MADISON )

On this.3....n/2. day of ac..ns .s1 ~ ,2019, before me, a Notary Public in and for said County, personally came the above named: Leonard J. Olmer and Carla M. Olmer who is (are) personally known to me to be the identical person(s) whose name(s) is (are) affixed to the above instrument and acknowledged the instrument to be his, her (their) voluntary act and deed for the purpose therein stated.

WITNESS my hand and Notarial Seal the day and year last above written. (SEAL)

GiNERAL NOTARY • State of NeIIraska l DAVID MININO My Comm. Exp. Aupt 22, 2023 NOTARY PUBLIC

CITY OF NORFOLK, NEBRASKA

(NamelTitle) (Date)

1/6/2020 Enclosure 9 Page 18 of 84 • 11 NW COR. ·' SE1/4 NW1/4 SECTION 25 T24N, R1W NBB 0 14'53"E 1 05.00'(M) N~ N01 0 45'07"W 50.00'(M) ,

~ -I- __'------1 0' 50' 100' 200' SCALE IN FEET

LEGEND SECTION CORNER SECTION LINE ROAD RIGHT OF WAY r ZZz:z::r-T.J.:Zl TEMPORARY EASEMENT AREA M MEASURED DISTANCE P.O.B. POINT OF BEGINNING

TEMPORARY EASEMENT DESCRIPTION A TEMPORARY EASEMENT LOCATED IN THE WEST LINE SOUTHEAST 1/4, NORTHWEST 1/4, SECTION 25, SE1/4 NW1/4 TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SE1/4, NW1/4, SECTION 25, T24N, R1W; THENCE ON AN ASSUMED BEARING OF NBT59'06"E ALONG THE SOUTH LINE OF SE1/4, NW1/4, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING, THENCE N01 0 45'07"W A DISTANCE OF 1OS2.S3 FEET, THENCE SSS'14'53"W A DISTANCE OF 55.00 FEET TO A POINT ON THE WEST LINE OF SAID SE1/4, NW1/4, TI-:lENCE N01 0 45'07"W ALONG SAID WEST LINE OF THE SE1 /4, NW1 /4 A DISTANCE OF 50.00 FEET, THENCE NBS'14'53"E A DISTANCE OF 105.00 FEET, THENCE S01 0 45'07"E A DISTANCE OF 1132.60 FEET TO A POINT ON SAID SOUTH LINE, THENCE SST59'06"W ALONG SAID SOUTH LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, SAID TEMPORARY EASEMENT CONTAINS A CALCULATED AREA OF 593B6 ~ SQUARE FEET OR 1.363 ACRES MORE OR LESS.

SOUTH LINE OF SE1/4 NW1/4 SW COR. SE1/4 NW1/4 ~ SBT59'06"W 50.00'(M) EXHIBIT UN'

PROJECT NO: 2017-0379 TEMPORARY 201 East 2nd Straet EXHIBIT DRAWN BY: DJM Grand Island, NE 68801 TEL 306.364.8750 1/6/2020r------~EASEMENT-TRACT2DATE: 5.14.2019 olsson FAX 308.384.8752Enclosure 1-T 9 Page 19 of 84 PERMANENT SEWER EASEMENT (INDIVIDUAL)

Wi,en recorded return to: i .. -._.- FOR OFFICE USE ONLY - l City of Norfolk, Nebraska r---p~L~~::I::::==£!!x of Norfolk -OmahiA;;iWe~~e;e;:·lml!rovem!,.!!!!..~ Public Works Department ! Project Number: L_____ ._ 017-0379 MROW 495 ! 309 North st· Street Norfolk, Nebraska 68701 I __ Trac~~~_.L_ .. _.... _._ 2 ------.-J ! Address: ! 611 North 61 s. Street i i i Norfolk Nebraska i L ...... _ ...._._ •• L ...... _...... 68701 • ...... r

KNOW ALL MEN BY THESE PRESENTS:

THAT LEONARD J. OLMER AND CARLA M. OLMER, husband and wife, hereinafter referred to as GRANTOR, (whether one or more) for and in consideration of the sum of TWO THOUSAND. TWO HUNDRED TWENTY-TWO and NO/tOO DOLLARS ($2.222.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant and convey unto the CITY OF NORFOLK, NEBRASKA, a Municipal Corporation, hereinafter referred to as "CITY," and to its successors and assigns, a permanent easement for the right to construct, maintain and operate a sewer (either for storm or sanitary purposes), drainage structure, and/or drainage way, and appurtenances thereto, in, through, and under the parcel of land described as follows, to-wit

SEE ATTACHED EXHmIT "A" PERMANENT EASEMENT LEGAL DESCRIPTION

TO HAVE AND TO HOLD unto said CITY, its successors and assigns, together with the right of ingress and egress from said premises for the purpose of constructing, inspecting, maintaining, operating, repairing or replacing said sewer at the will of the CITY. The GRANTOR may, following construction of said sewer continue to use the surface of the easement strip conveyed hereby for other purposes, subject to the right of the CITY to use the same for the purposes herein expressed.

It is further agreed as follows:

1) That no buildings, improvements, or other structures, nor any grading, fill or fill material, or embankment work, shall be placed in, on, over, or across said easement strip by GRANTOR, his or their successors and assigns without express approval of the CITY. Improvements

1/6/2020 Enclosure 9 Page 20 of 84 .. .,

area surfacing, and/or pavement. These improvements and any trees, grass or shrubbery placed on said easement shall be maintained by GRANTOR, his heirs, successors or assigns.

2) That CITY will replace or rebuild any and all damage to improvements caused by CITY exercising its rights of inspecting, maintaining or operating said sewer, except that damage to, or loss of trees and shrubbery will not be compensated for by CITY.

3) That CITY may construct, maintain, repair, reconstruct and operate additional sewer systems within the permanent easement described above.

4) This permanent sewer easement is also for the benefit of any contractor, agent, employee, or representative of the CITY and any of said construction and work.

5) That CITY shall cause any trench made on said easement strip to be properly refilled and shall cause the premises to be left in a neat and orderly condition.

6) That said GRANTOR for himself or themselves and his or their heirs, executors and administrators does or do confirm with the said CITY and its assigns, that he or they, the GRANTOR is or are well seized in fee of the above described property and that he or they has or have the right to grant and convey this permanent sewer easement in the manner and form aforesaid, and that he or they will, and his or their heirs, executors, and administrators, shall warrant and defend this permanent easement to said CITY and its assigns against the lawful claims and demands of all persons. This permanent sewer easement runs with the land.

7) That said permanent sewer easement is granted upon the condition that the CITY may remove or cause to be removed all presently existing improvements thereon, including but not limited to, crops, vines, trees within the easement area as necessary for construction.

8) The CITY reserves the absolute right to terminate this permanent easement at any time prior to the payment of the above stated consideration, but in no event later than 60 days after the execution of this Easement Agreement.

9) That this instrument contains the entire agreement of the parties; that there are no other or different agreements or understandings, except a Temporary Construction Easement if and as applicable, between the GRANTOR and the CITY or its agents; and that the GRANTOR, in executing and delivering this instrument, has not relied upon any promises, inducements, or representations of the CITY or its agents or employees, except as are set forth herein (if applicable):

1/6/2020 Enclosure 9 Page 21 of 84 IN WITNESS WHEREOF said GRANTOR has or have hereunto set his or their hand(s) this~dayof ~C7?>6t!JL- ,2019.

INDIVIDUAL ACKNOWLEDGMENT

STATE OF NEBRASKA ) ) SS COUNTY OF MADISON)

On this ~ day of t?J ylZ> 6 elC-- , 2019, before me, a Notary Public, in and for said County, personally came the above named: Leonard J. Olmer and Carla M. Olmer who is (are) personally known to me to be the identical person(s) whose name(s) is (are) affixed to the above instrument and acknowledged the instrument to be his, her (their) voluntary act and deed for the purpose therein stated.

WITNESS my hand and Notarial Seal the day and year last above written.

GENEIW. NOTARY • SIat8 of Nebraska DAVID MININO Mr 0Imm. Exp. Augual22, 2023 NOTARY PUBLIC Notary Seal

1/6/2020 Enclosure 9 Page 22 of 84 <,

CITY OF NORFOLK, a Municipal Corporation

ATIEST: BY:

Brianna Duerst Josh Moenning City Clerk, City of Norfolk Mayor, City of Norfolk

APPROVED AS TO FORM:

CITY ATIORNEY DATE

STATE OF NEBRASKA ) ) SS COUNTY OF MADISON )

On this __ day of ,2019, before me, a Notary Public in and for said County, personally came Josh Moenning .Mayor of the City of Norfolk. Nebraska. a Municipal Corporation. to me personally known to be the respective officer of said Municipal corporation and the identical person whose name is affixed to the foregoing instrument, and acknowledged the execution thereof to be their respective voluntary act and deed as Mayor and the voluntary act and deed of said Municipal Corporation. WITNESS my hand and Notarial Seal the day and year last above written.

Notary Seal: NOTARY PUBLIC

STATEOFNEBRASKA ) ) SS COUNTY OF MADISON )

On this __ day of , 2019, before me" a Notary Public in and for said County, personally came Brianna Duerst City Clerk of the City of Norfolk. Nebraska. a Municipal Corporation to me personally known to be the respective officer of said Municipal corporation and the identical person whose name is affixed to the foregoing instrument, and acknowledged the execution thereofto be their respective voluntary act and deed as City Clerk and the voluntary act and deed of said Municipal Corporation.

WITNESS my hand and Notarial Seal the day and year last above written.

Notary Seal: NOTARY PUBLIC

1/6/2020 Enclosure 9 Page 23 of 84 NW COR. SE1/4 NW1/4 SECTION 25 T24N, R1W

N88'14'53"E 55.00'(M) ~ N01'45'07"W N 20.00'(M)---u ,

S88"14'53"W I I 30.00'(M) 0' 50' 100' 200' SCALE IN FEET

LEGEND SECTION CORNER SECTION LINE ~ ZZZ:LT--...T-L:Zl PERMANENT EASEMENT AREA M MEASURED DISTANCE P.O.B. POINT OF BEGINNING

WEST LINE J SE1/4 NW1/4

PERMANENT EASEMENT DESCRIPTION A PERMANENT EASEMENT LOCATED IN THE SOUTHEAST QUARTER 1/4 NORTHWEST 1/4, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SE1 /4, NW1/4, SECTION 25, T24N, R1 W; THENCE ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SE1 /4 NW1/4 N8T59'06"E FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE N01'45'07"W A DISTANCE OF 1062.94 FEET, THENCE SB8'14'53"W A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST LINE OF SAID SE1/4, NW1/4, THENCE N01'45'07"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET, THENCE NBB'14'53"E A DISTANCE OF 55.00 FEET, THENCE S01'45'07"E A DISTANCE OF 1 082.83 FEET TO POINT ON SAID SOUTH LINE, THENCE SBT59'06"W ALONG SAID SOUTH LINE A DISTANCE OF 25.00 FEET TO THE 'POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS A CALCULATED AREA OF 27672 SQUARE FEET OR 0.635 ACRES MORE OR LESS.

P.O.B.

N8T59'06"E I 30.00'(M)

SOUTH LINE OF

SW COR. / SE1f4 NWlf4 SE1/4, NW1/4

___---L- S8T59'06"W

.. ~ 25.00'(M) EXHIBIT 'WI ~< 00

PROJECT NO: 2017-0379 PERMANENT 201 East 2nd Street EXHIBIT DRAWN BY: DJM Grand Island, NE 68801 TEL 308.384.8750 1/6/2020~------~EASEMENT-TRACT2DATE: 5.14.2019 olsson FAX 308.384.8752Enclosure 1 9 Page 24 of 84

RESOLUTION NO. 2020 -____1

WHEREAS, the City of Norfolk, Nebraska on December 17, 2018 by Ordinance No. 5584, and amended on February 19, 2019 by Ordinance No. 5596 created Water Extension District No. 121; and

WHEREAS, this district included land adjacent but outside of the City of Norfolk, some of which was and continues to be, within an agricultural use zone and is used for agricultural purposes; and

WHEREAS, on January 22, 2019, Jan L. Einspahr, Personal Representative of the Eleanor McIntosh Estate, property owner located within Water Extension District No. 121, requested an agricultural deferral of special assessments for the reason that the land in question is used for agricultural purposes; and

WHEREAS, the City of Norfolk, Nebraska on March 18, 2019 by Resolution No. 2019-17 approved said property for agricultural deferral of special assessments in Water Extension District No. 121; and

WHEREAS, Jan L. Einspahr, Personal Representative of the Eleanor McIntosh Estate, property owner located within Water Extension District No. 121, has transferred the property to McHeirs, LLC; and

WHEREAS, Jan L. Einspahr, Managing Member of McHeirs, LLC, property owner located within Water Extension District No. 121, has requested an agricultural deferral of special assessments for the reason that the land in question is used for agricultural purposes; and

NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Norfolk, Nebraska as follows:

Section 1. The special assessments to be levied under Water Extension District No. 121 upon the tracts of land described in Exhibit “A” attached hereto shall be deferred in accordance with Neb. Rev. Stat. §19-2428 - §19-2431 until said deferral is terminated.

1/6/2020 Enclosure 10 Page 25 of 84 Section 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessment.

Section 3. That upon termination of the deferral, the principal amount of the special assessment shall be amortized over a term equal to the amortization term for other properties in Water Extension District No. 121 at the same interest charged these other properties. The first such installment shall become delinquent in fifty days after termination of the deferral. Each installment except the first shall draw interest from and after the date of termination of the deferral.

BE IT FURTHER RESOLVED, that the City Council of the City of Norfolk, Nebraska hereby approves and authorizes said property for agricultural deferral of special assessments in Water Extension District No. 121.

PASSED AND APPROVED this _____day of ______, 20___.

ATTEST ______Josh Moenning, Mayor ______Brianna Duerst, City Clerk

Approved as to form:______Danielle L. Myers-Noelle, City Attorney

State of Nebraska County of Madison

The foregoing instrument was acknowledged before me this ______by Josh Moenning, Mayor of the City of Norfolk and Brianna Duerst, City Clerk of the City of Norfolk on behalf of the City of Norfolk, Nebraska, a Municipal Corporation.

______Bethene A. Hoff Notary Public

1/6/2020 Enclosure 10 Page 26 of 84 Exhibit “A”

Parcel #10: The Southwest Quarter (SW 1/4) and the Southeast Quarter (SE 1/4) of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska LESS the below mentioned tracts: Lot 1 and 2, Eisenhower Avenue Industrial Addition, being part of the S 1/2 of the SE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. A tract of land lying wholly in the S 1/2 of the S 1/2 of the SE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is described by metes and bounds as follows: Beginning at a point on the South line of said Section 12 which is 1446.00 feet East of the Southwest Corner of said Section 12, said point being on the southerly extension of the East line of Lot 2, Eisenhower Avenue Industrial Addition, Madison County, Nebraska; thence proceeding East along the South line of said Section 12 on an assumed bearing of North 89 degrees 52 minutes 14 seconds East, 1176.52 feet to the Southeast Corner of said Section 12; thence North 00 degrees 23 minutes 32 seconds West, along the East line of said Section 12, 661.12 feet to the Northeast Corner of the S 1/2 of the SE 1/4 of said Section 12; thence South 89 degrees 54 minutes 08 seconds West, along the North line of the S 1/2 of the S 1/2 of the SE 1/4 of said Section 12, 1529.51 feet to a point on the northerly extension of the West line of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, 12.00 feet to the Northwest Corner of said Lot 2, thence North 89 degrees 52 minutes 14 seconds East, along the North line of said Lot 2, 363.00 feet to the Northeast Corner of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, along the East line of said Lot 2 and the southerly extension thereof, 650.00 feet to the point of beginning. A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Referring to the W 1/4 Corner of said Section 12; thence proceeding South, along the West line of said Section 12, on an assumed bearing of South 00 degrees 23 minutes 17 seconds East, 960.00 ft.; thence South 89 degrees 59 minutes 50 seconds East, 40.00 ft. to a point on the East right-of-way of Victory Road which is the point of beginning; thence continuing South 89 degrees 59 minutes 50 seconds East, 1531.24 ft. to the P.C. of a curve having a radius of 723.48 ft.; thence along said curve (Chord Bearing=North 44 degrees 48 minutes 53 seconds East, Chord Distance=1027.26 ft.), 1142.26 ft. to the P.T. of said curve; thence North 00 degrees 21 minutes 53 seconds West 231.52 ft. to a point on the North line of the SW 1/4 of said Section 12; thence South 89 degrees 59 minutes 40 seconds West, along the North line of the SW 1/4 of said Section 12, 2260.49 ft.; to a point on the East right-of-way of said Victory Road; thence South 00 degrees 23 minutes 17 seconds East along said East right-of-way of said Victory Road, 960.00 ft. to the point of beginning, LESS THAT part previously deeded for railroad right-of-way and also less Lot 1 of Nucor's Victory Road Addition lying wholly in the NW 1/4 of the SW 1/4 of Section 12; Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska AND LESS that portion deeded to Madison County, Nebraska for road purposes. A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Beginning at the C 1/4 corner of said Section 12; thence proceeding West, along the North line of the N 1/2 of the SW 1/4 of said Section 12, on an assumed bearing of S89o59'40"W, 341.14 feet; thence S00o21'53"E, 231.52 feet to the P.C. of a curve having a radius of 723.48 feet; thence along said curve (Chord Bearing=S44o48'53"W, Chord Distance=1027.26 feet) 1142.26 feet to the P.T. of said curve; thence S89o59'50"E, 1075.96 feet to a point on the East line of the SW 1/4 of said Section 12; thence N00o43'53"W, along said East line, 960.41 feet to the point of beginning. Also, less that portion deeded to Madison County, Nebraska for roadway purposes.

1/6/2020 Enclosure 10 Page 27 of 84 November B.I 2019

Mayor Moenning and City Council Members

309 N. 5th Street

Norfolk, NE 68701

Re : Request for Ag Deferral of Special Assessment for Water Main Extension

Dear Mayor and Council Members;

The City Council on December 17th passed Ordinance 5584 creating Water Extension District No. 121 which includes two tracts which has previously been owned by my parents, both of whom are now deceased. At the time of the Ordinance, the land was an asset of the Eleanor Mcintosh Estate. As the Personal Representative of the Eleanor Mcintosh Estate, I applied for an agricultural exemption (on all the land in question) and was granted the deferral. The land was transferred by the Estate to a McHeirs, LLC, (a family limited liability company) in two separate Personal Representative deeds on November 29, 2019 and November 6, 2019.

I am the Managing Member of McHeirs, LLC. The two tracts of land are both described in the Ordinance under the legal description for Parcel 10. Both of these parcels are currently zoned Agricultural Land and meet the requirements for Ag Deferral under Chapter 19 Section 2429 of State Statutes.

McHeirs, LLC has no immediate intent to develop the land or change the current zoning from Agricultural zoning. I therefore request the City grant Ag Deferrals for the above mentioned Special Assessments that are issued for Water Extension District 121.

Thank you for your consideration.

Managing Member of McHeirs, LLC A Nebraska Limit ed Liability Company

1 1/6/2020 Enclosure 10 Page 28 of 84

By: City of Norfolk, 309 North 5th Street, Norfolk, NE 68701

APPLICATION FOR SPECIAL ASSESSMENT DEFERRAL FOR “AGRICULTURAL PROPERTY”

Managing Member of McHeirs, LLC, a Nebraska Limited Liability Company, the undersigned, do hereby declare that McHeirs, LLC is the owner of record title of property described as:

Parcel #10: The Southwest Quarter (SW 1/4) and the Southeast Quarter (SE 1/4) of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska LESS the below mentioned tracts:

Lot 1 and 2, Eisenhower Avenue Industrial Addition, being part of the S 1/2 of the SE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska.

A tract of land lying wholly in the S 1/2 of the S 1/2 of the SE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is described by metes and bounds as follows: Beginning at a point on the South line of said Section 12 which is 1446.00 feet East of the Southwest Corner of said Section 12, said point being on the southerly extension of the East line of Lot 2, Eisenhower Avenue Industrial Addition, Madison County, Nebraska; thence proceeding East along the South line of said Section 12 on an assumed bearing of North 89 degrees 52 minutes 14 seconds East, 1176.52 feet to the Southeast Corner of said Section 12; thence North 00 degrees 23 minutes 32 seconds West, along the East line of said Section 12, 661.12 feet to the Northeast Corner of the S 1/2 of the SE 1/4 of said Section 12; thence South 89 degrees 54 minutes 08 seconds West, along the North line of the S 1/2 of the S 1/2 of the SE 1/4 of said Section 12, 1529.51 feet to a point on the northerly extension of the West line of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, 12.00 feet to the Northwest Corner of said Lot 2, thence North 89 degrees 52 minutes 14 seconds East, along the North line of said Lot 2, 363.00 feet to the Northeast Corner of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, along the East line of said Lot 2 and the southerly extension thereof, 650.00 feet to the point of beginning.

A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more

1 1/6/2020 Enclosure 10 Page 29 of 84 particularly described as follows: Referring to the W 1/4 Corner of said Section 12; thence proceeding South, along the West line of said Section 12, on an assumed bearing of South 00 degrees 23 minutes 17 seconds East, 960.00 ft.; thence South 89 degrees 59 minutes 50 seconds East, 40.00 ft. to a point on the East right-of-way of Victory Road which is the point of beginning; thence continuing South 89 degrees 59 minutes 50 seconds East, 1531.24 ft. to the P.C. of a curve having a radius of 723.48 ft.; thence along said curve (Chord Bearing=North 44 degrees 48 minutes 53 seconds East, Chord Distance=1027.26 ft.), 1142.26 ft. to the P.T. of said curve; thence North 00 degrees 21 minutes 53 seconds West 231.52 ft. to a point on the North line of the SW 1/4 of said Section 12; thence South 89 degrees 59 minutes 40 seconds West, along the North line of the SW 1/4 of said Section 12, 2260.49 ft.; to a point on the East right-of-way of said Victory Road; thence South 00 degrees 23 minutes 17 seconds East along said East right-of-way of said Victory Road, 960.00 ft. to the point of beginning, LESS THAT part previously deeded for railroad right-of-way and also less Lot 1 of Nucor's Victory Road Addition lying wholly in the NW 1/4 of the SW 1/4 of Section 12; Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska AND LESS that portion deeded to Madison County, Nebraska for road purposes.

Also, less that portion deeded to Madison County, Nebraska for roadway purposes.

Said property is included within the boundaries of Water Extension District No. 121 approved by Ordinance No. 5584 on December 17, 2018 and amended by Ordinance No. 5596 on February 19, 2019, for:

Parcel #1: Northwest Quarter of Section 13, Township 24 North, Range 1 West of the Sixth Principal Meridian, Madison County, Nebraska, except for a portion of a tract of land, herein called Tract A, which is described as follows: Beginning at the West quarter corner of said Section 13, thence East on the quarter section line to a point on the East line of Tract A, said line having an assumed bearing of S89o24'53"E, thence N02o31'16"W an approximate distance of 79.45 feet; thence S87o52'57"W, 342.35 feet; thence N02o53'26"E, 497.29 feet; thence S88o17'23"W, 230.48 feet; thence N01o24'35"W, 233.57 feet; thence S88o10'29"W, 533.49 feet; S02o28'39"E, 655.39 feet; thence S88o19'42"W, 588.57 feet to a point on the West

2 1/6/2020 Enclosure 10 Page 30 of 84 line of said quarter section; thence South on the section line a distance of 84.02 feet to the point of beginning.

Parcel #2: A tract of land lying wholly in the NE 1/4 and the E 1/2 of the NW 1/4 of Section 14, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Referring to the Northeast Corner of said Section 14; thence proceeding West, along the North line of said Section 14, on an assumed bearing of N90o00'00"W, 58.02 feet to the point on the West right-of-way of Victory Road; thence S01o20'29"W, along the West right-of-way of Victory Road, 80.02 feet to the point on the South right-of-way of Eisenhower Avenue, said point being the point of beginning; thence continuing S 01o20'29"W, along the West right-of-way of Victory Road, 872.54 feet to the Northeast Corner of Lot 1, Greater Norfolk Northeast Addition, an addition to the City of Norfolk, Madison County, Nebraska; thence N 88o38'22"W, 225.11 feet to the Northwest Corner of said Lot 1; thence S 01o21'38"W, 149.99 feet to the Southwest Corner of said Lot 1; thence S 88o39'35"E, 224.96 feet to the Southeast Corner of said Lot 1, said point being on the West right-of-way of Victory Road; thence S01o21'17"W, along the West right-of-way of Victory Road, 815.32 feet to the point on the North right-of-way of Magnet Drive; thence N 89o50'48"W, along the North right- of-way of Magnet Drive, 1748.86 feet; thence N 00o36'13"W, 47.04 feet; thence N 89o51'54"W, 152.49 feet; thence N 00o46'39"E, 258.30 feet; thence N 89o51'05W. 990.77 feet to the point on the Easterly right-of-way line of the Union Pacific Railroad; thence N 24o29'33"E, along the Easterly right-of-way line of the Union Pacific Railroad, 1568.32 feet to the P.C. of a curve to the right having a radius of 1859.8 feet; thence along said curve and said Easterly right-of-way line, 108.49 feet (Chord Bearing = N26o25';47"E, Chord Distance = 108.48 feet) to the point on the South right-of-way of Eisenhower Avenue; thence N 90o00'00"E, along the South right-of- way of Eisenhower Avenue, 2234.05 feet to the point of beginning.

Parcel #3: A tract of land in the SE 1/4 of Section 11, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, described as follows: Commencing at the Southeast corner of Section 11, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska; thence West 803.18 feet; thence North 1339.81 feet; thence East 803.18 feet; thence South to the place of beginning less that portion deeded to Madison County, Nebraska.

3 1/6/2020 Enclosure 10 Page 31 of 84 Parcel #5: A tract of land lying wholly in the SE 1/4 of Section 11, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, and more particularly described as follows: Beginning at a point 1339.8 feet North of the Southeast corner of said Section; thence West on an assumed bearing of N90o00'W, 803.1 feet; thence North on an assumed bearing of N1o07'E, 70.2 feet to the Southeasterly Right of Way of the C. St. P.M. & O R.R. thence Northeast on an assumed bearing of N48o53'E, 1084.0 feet; thence South on an assumed bearing of S1o07'W, 783.2 feet to the point of beginning less that portion deeded to Madison County, Nebraska.

Parcel #6: A 7.5 acre industrial tract in Tract A, Tract A described as: A tract of land lying wholly in the Southeast Quarter (SE 1/4) of Section Eleven (11), Township Twenty-four (24), North, Range One (1), West of the 6th P.M., Madison County, Nebraska lying North and West of the Railroad Right-of-way, a tract particularly described as follows: Commencing at the South Quarter corner of said Section Eleven (11), thence East on Section Line, on an assumed bearing of North 90o00' East, 272.9 feet to a point on the Northwesterly right-of-way of the railroad and a point on a 1960.8 foot radius curve; thence Northeasterly along said curve 680.92 feet to the point of tangency of said curve; thence North 48o53' East, tangent to said curve, 358.7 feet to the point of beginning; thence continuing North 48o53' East 2273.8 feet to a point on Section line; thence North 1o06' East, on Section line, 395.5 feet to the East Quarter Corner of said Section Eleven (11); thence South 89o55'West, on the Quarter Section line, 1723.4 feet; thence South 0o05' East 1,888.3 feet to the point of beginning and containing 45.00 acres more or less.

Parcel #7: Lot 1, of Nucor's Victory Road Addition lying wholly in the NW 1/4 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska.

4 1/6/2020 Enclosure 10 Page 32 of 84 Parcel #8: A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Referring to the W 1/4 Corner of said Section 12; thence proceeding South, along the West line of said Section 12, on an assumed bearing of South 00 degrees 23 minutes 17 seconds East, 960.00 ft.; thence South 89 degrees 59 minutes 50 seconds East, 40.00 ft. to a point on the East right-of-way of Victory Road which is the point of beginning; thence continuing South 89 degrees 59 minutes 50 seconds East, 1531.24 ft. to the P.C. of a curve having a radius of 723.48 ft.; thence along said curve (Chord Bearing =North 44 degrees 48 minutes 53 seconds East, Chord Distance=1027.26 ft.), 1142.26 ft. to the P.T. of said curve; thence North 00 degrees 21 minutes 53 seconds West, 231.52 ft. to a point on the North line of the SW 1/4 of said Section 12; thence South 89 degrees 59 minutes 40 seconds West,, along the North line of the SW 1/4 of said Section 12, 2260.49 ft. to a point on the East right-of-way of said Victory Road; thence South 00 degrees 23 minutes 17 seconds East, along said East right-of-way of said Victory Road, 960.0 ft. to the point of beginning, LESS THAT part previously deeded for railroad right-of-way and also less Lot 1 of Nucor's Victory Road Addition lying wholly in the NW 1/4 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska AND LESS that portion deeded to Madison County, Nebraska for road purposes.

Parcel #9: A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Beginning at the C 1/4 corner of said Section 12; thence proceeding West, along the North line of the N 1/2 of the SW 1/4 of said Section 12, on an assumed bearing of S89o59’40”W, 341.14 feet; thence S00o21’53”E, 231.52 feet to the P.C. of a curve having a radius of 723.48 feet; thence along said curve (Chord Bearing=S44o48’53”W, Chord Distance=1027.26 feet) 1142.26 feet to the P.T. of said curve; thence S89o59’50”E, 1075.96 feet to a point on the East line of the SW 1/4 of said Section 12; thence N00o43'53"W, along said East line, 960.41 feet to the point of beginning.

Parcel #10: The Southwest Quarter (SW 1/4) and the Southeast Quarter (SE 1/4) of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska LESS the below mentioned tracts:

Lot 1 and 2, Eisenhower Avenue Industrial Addition, being part of the S 1/2 of the SE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska.

5 1/6/2020 Enclosure 10 Page 33 of 84 of said Section 12, said point being on the southerly extension of the East line of Lot 2, Eisenhower Avenue Industrial Addition, Madison County, Nebraska; thence proceeding East along the South line of said Section 12 on an assumed bearing of North 89 degrees 52 minutes 14 seconds East, 1176.52 feet to the Southeast Corner of said Section 12; thence North 00 degrees 23 minutes 32 seconds West, along the East line of said Section 12, 661.12 feet to the Northeast Corner of the S 1/2 of the SE 1/4 of said Section 12; thence South 89 degrees 54 minutes 08 seconds West, along the North line of the S 1/2 of the S 1/2 of the SE 1/4 of said Section 12, 1529.51 feet to a point on the northerly extension of the West line of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, 12.00 feet to the Northwest Corner of said Lot 2, thence North 89 degrees 52 minutes 14 seconds East, along the North line of said Lot 2, 363.00 feet to the Northeast Corner of said Lot 2; thence South 00 degrees 28 minutes 36 seconds West, along the East line of said Lot 2 and the southerly extension thereof, 650.00 feet to the point of beginning.

A tract of land lying wholly in the N 1/2 of the SW 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska. Said tract of land is more particularly described as follows: Referring to the W 1/4 Corner of said Section 12; thence proceeding South, along the West line of said Section 12, on an assumed bearing of South 00 degrees 23 minutes 17 seconds East, 960.00 ft.; thence South 89 degrees 59 minutes 50 seconds East, 40.00 ft. to a point on the East right-of-way of Victory Road which is the point of beginning; thence continuing South 89 degrees 59 minutes 50 seconds East, 1531.24 ft. to the P.C. of a curve having a radius of 723.48 ft.; thence along said curve (Chord Bearing=North 44 degrees 48 minutes 53 seconds East, Chord Distance=1027.26 ft.), 1142.26 ft. to the P.T. of said curve; thence North 00 degrees 21 minutes 53 seconds West 231.52 ft. to a point on the North line of the SW 1/4 of said Section 12; thence South 89 degrees 59 minutes 40 seconds West, along the North line of the SW 1/4 of said Section 12, 2260.49 ft.; to a point on the East right-of-way of said Victory Road; thence South 00 degrees 23 minutes 17 seconds East along said East right-of-way of said Victory Road, 960.00 ft. to the point of beginning, LESS THAT part previously deeded for railroad right-of-way and also less Lot 1 of Nucor's Victory Road Addition lying wholly in the NW 1/4 of the SW 1/4 of Section 12; Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska AND LESS that portion deeded to Madison County, Nebraska for road purposes.

6 1/6/2020 Enclosure 10 Page 34 of 84 the East line of the SW 1/4 of said Section 12; thence N00o43'53"W, along said East line, 960.41 feet to the point of beginning.

Also, less that portion deeded to Madison County, Nebraska for roadway purposes.

Parcel #11: The North Half of the Southwest Quarter of Section 7, Township 24 North, Range 1, East of the 6th P.M., Stanton County, Nebraska less that portion deeded to Stanton County, Nebraska for road-way-purposes.

Parcel #12: Tract Two of Johnson-Worley Lot Boundary Change in part of the NE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, described as: All that part of the NE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska lying South and East of the right-of-way of the Chicago, Saint Paul Minneapolis and Omaha Railroad Co; EXCEPT a parcel of land described as follows: Commencing at a point 28 rods (440.6 feet measured) South of the Northeast Corner of said Section 12, running thence West 20 rods; thence South 32 rods; thence East 20 rods; thence North 32 Rods to the point of beginning; AND excluding that which was deeded to Ray A Johnson and Mary B Johnson on the 19th day of August, 1992, and recorded in M92- 8, Page 773 in the deed records in the Office of the Register of Deeds of Madison County, Nebraska; AND excluding that which was deeded to Albert L Worley, Jr. and Debra C Worley on the 15th day of June, 1993, and recorded in M93-6, Page 846 in the deed records in the office of the Register of Deeds of Madison County, Nebraska; AND less the following described tract: A tract of land lying wholly in the SE 1/4 NE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence west, on section line, on an assumed bearing of North 90 degrees 00 minutes West a distance of 100.0 feet; thence South 00 degrees 33 minutes East a distance of 410.63 feet; thence North 90 degrees 00 minutes West 260.0 feet; thence South 00 degrees 33 minutes East 1581.16 feet to the point of beginning; thence North 90 degrees 00 minutes East 360.0 feet to a point on section line; thence South 00 degrees 33 minutes East, on section line, 652.24 feet to the East 1/4 corner of said Section 12; thence South 89 degrees 50 minutes 35 seconds West, on the 1/4 line, 359.99 feet; thence North 00 degrees 33 minutes West, 653.20 feet to the point of beginning.

7 1/6/2020 Enclosure 10 Page 35 of 84 Parcel #13: That part of the E 1/2 NE 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence West on section line, on an assumed bearing of North 90 degrees 00 minutes West, 100.0 feet to the point of beginning; thence South 00 degrees 33 minutes East, parallel with the East section line, 410.53 feet; thence South 90 degrees 00 minutes West 260.0 feet; thence South 00 degrees 33 minutes East, parallel with the East section line, 1581.16 feet; thence North 90 degrees 00 minutes West 354.62 feet; thence North 00 degrees 33 minutes West parallel with the East section line, 1053.16 feet; thence North 90 degrees 00 minutes East 324.62 feet; thence North 00 degrees 33 minutes West, parallel with the East section line; 558.0 feet; thence North 90 degrees 00 minutes East 190.0 feet; thence North 00 degrees 33 minutes West parallel with the East section line a distance of 380.63 feet to a point on the North section line; thence North 90 degrees 00 minutes East, on section line, 100.0 feet to the point of beginning.

Parcel #14: A tract of land in the Northeast Quarter (NE 1/4) of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, more particularly described as follows: Commencing at a point 440.6 feet South of the Northeast corner of said Section 12; thence West 20 rods (330.0 feet); thence South 32 rods (528.0 feet); thence East 20 rods (330.0 feet) to a point on the section line; thence North 32 rods (528.0 feet) to the point of beginning.

Parcel #15: A tract of land lying wholly in the East 1/2 of the Northeast 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, more particularly described as follows: Beginning at the Northeast corner of said Section 12; thence West, on section line, 1 on an assumed bearing of North 90 degrees 00 minutes West a distance of 100.0 feet; thence South 00 degrees 33 minutes East a distance of 410.63 feet; thence North 90 degrees 00 minutes West 260.0 feet; thence South 00 degrees 33 minutes East 1581.16 feet; thence North 90 degrees 00 minutes East 360.0 feet to a point on section line; thence North 00 degrees 33 minutes West, on section line, 1023.2 feet; thence South 89 degrees 29 minutes 20 seconds West 330.0 feet; thence North 00 degrees 33 minutes West 528.0 feet; thence North 89 degrees 29 minutes 20 seconds East 330.0 feet to a point on section line; thence North 00 degrees 33 minutes West, on section line, 440.6 feet to the point of beginning and containing 10.01 acres more or less AND a tract of land lying wholly in the Southeast ¼ of the Northeast 1/4 of Section 12, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska, more particularly described as follows: Commencing at the Northeast corner of said Section 12; thence West, on section line, on an assumed bearing of North 90 degrees 00 minutes West a distance of 100.0 feet; thence South 00 degrees 33 minutes East a distance of 410.63 feet; thence North 90 degrees 00 minutes West 260.0 feet; thence South 00 degrees 33 minutes East 1581.16 feet to the point of beginning; thence North 90 degrees 00 minutes East 360.0 feet to a point on section line;

8 1/6/2020 Enclosure 10 Page 36 of 84 thence South 00 degrees 33 minutes East, on section line, 652.24 feet to the East 1/4 corner of said Section 12; thence South 89 degrees 50 minutes 35 seconds West, on the 1/4 line, 359.99 feet; thence North 00 degrees 33 minutes West 653.20 feet to the point of beginning.

Parcel #16: The Northwest Quarter of Section 7, Township 24 North, Range 1 East of the 6th P.M., Stanton County, Nebraska, EXCEPT those tracts of land conveyed to The County of Stanton, Nebraska by Warranty Deed recorded in Book I - 1, page 165, and by that Local Political Subdivision Acquisition Contract recorded as Instrument #2011-01010.

Parcel #17: A tract of land lying wholly in the Northwest Quarter of the Northeast Quarter of Section 7, Township 24 North, Range 1 East of the 6th P.M., Stanton County, Nebraska and more particularly described as follows: Beginning at the Northwest Corner of the Northeast Quarter of said Section; thence East on the Section line 544.5 feet; thence South parallel with the West Quarter Section line 800 feet; thence West parallel with the North Section line 544.5 feet; thence North on Quarter Section line 800 feet to the place of beginning EXCEPT A tract of land lying wholly in the Northwest Quarter of the Northeast Quarter of Section 7, Township 24 North, Range 1 East of the 6th P.M., Stanton County, Nebraska and more particularly described as follows: beginning at a point 33 feet South of the North Quarter Corner of Section 7; thence East 544.5 feet to a point 33 feet South of Section line; thence South 7 feet; thence West 544.5 feet to a point 40 feet South of said North Quarter Corner; thence North 7 feet to the point of beginning.

9 1/6/2020 Enclosure 10 Page 37 of 84 Parcel #18: A tract of land lying wholly in the NE 1/4 of Section 7, Township 24 North, Range 1 East of the 6th P.M., Stanton County, Nebraska more particularly described as follows: Commencing at the Southeast corner of the Northeast 1/4 of said Section 7; thence West, on the 1/4 section line, 49.3 feet to the point of beginning; thence Northerly 54.1 feet to a point 50.0 feet West of section line; thence Northerly 100.0 feet to a point 47.0 feet West of section line; thence Northerly 618.9 feet to a point 52.0 feet West of section line; thence Northerly 1115.0 feet to the P.C. of a 724.5 foot radius curve concave to the Southwest, said point being 45.0 feet West of section line; thence in a Northwesterly direction, around said curve an arc distance of 1132.02 feet to the P.T. of said curve, said point being 40.0 feet South of section line; thence West 1330.6 feet to a point 544.5 feet East of the 1/4 section line and 40.0 feet South of section line; thence South, parallel with the 1/4 section line 760.0 feet; thence West 544.5 feet, parallel to section line, to a point on the 1/4 section line, then South, on the 1/4 section line, 1847.15 feet to the Southwest corner of said Northeast 1/4; thence East, on the 1/4 section line, 2602.2 feet to the point of beginning. EXCEPTING THEREFROM that tract of land conveyed to Stanton County, Nebraska in a Local Political Subdivision Acquisition Contract recorded as Instrument #2011-01009.

Parcel #19: A tract of land generally described as the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section Six (6), Township Twenty-four (24), North, Range One (1), East of the Sixth P.M., Stanton County, Nebraska LESS that part to County of Stanton for road right-of-way.

In accordance with sections 19-2428 to 19-2431 of the Nebraska Revised Statutes, McHeirs, LLC is eligible and is hereby making application to the City Council for the “Agricultural” deferral from special assessments. In making this application, I certify that the aforementioned property is currently used exclusively for agricultural use, as defined in Neb. Rev. Stat. 19-2428.

I understand that in accordance with Neb. Rev. Stat. 19-2430 the “Agricultural” deferral shall be terminated upon any of the following events: (1) notification by the owner of record title to the City Council to remove such deferral; (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer, except as provided in subdivision (3) herein; (3) transfer by reason of death of a former owner to a new owner who does not make application within one hundred twenty-five days of the transfer; (4) the land is no longer being used as agricultural land; or (5) change of zoning to other than an agricultural zone.

In submitting this application, I further understand that if my property receives an “Agricultural” deferral and becomes disqualified for such deferral, the owners of record title of such property shall pay to the City of Norfolk an amount equal to the total amount of special assessments which were deferred against the property. I understand that interest upon the special assessments shall be deferred, and shall accrue from the time that the City of Norfolk determines that the property becomes disqualified for deferral. I

10 1/6/2020 Enclosure 10 Page 38 of 84 understand that the interest rate shall be the same as was charged to other property owners within the special assessment district in question, and shall be amortized over the term to coincide with the original amortization that was allowed to other property owners within the special assessment district in question.

Dated: _.....:./....;:...J_- ..!.....l/ 2<...:...... -1 .!....-I 9-1------

M~cHeirs , LLC, a Nebr~aSrka Limited Li ability Company

By: .71jC:an::-rL-. ""Ei =-=ns'='p 3E-,~I~gn::-:Oar:t A!i--....:...-.£..::I~-...... ::....-=------

Jan L. Einspahr, Managing Member of McHeirs, LLC (Printed NamefTI tle)

11 1/6/2020 Enclosure 10 Page 39 of 84 STATESTATE OFOF NEBRASKA NEBRASKA LIQUORLIQUOR CONTROLCONTROL COMMISSIONCOMMISSION PetePete RickeUsRicketts Hobert B.B. RupeRupe Governor Governor ExecutiveWCIII/l'e DirectorDI~CIO' 301301 CentennialCcntcMial MallMIlII South.South. S"*Solo FloorFloor P.O.P.O. BoxBox 9S04695046 Lincoln,lincoln. Nebraska,Nebraska.68509-5046 68509·5046 Phone(402)Phone (402)471.2571471-2571 Fax (402)471-2814(402)471·2814 or(402) (402) 471-2374 471·2374 TSR USER 800-833-7252806-833·7252(TTY) (TTY) WebWcb Address http://www.lcc.nebraska.gov/http://www.lcc.ncbraska.gov/ December 19,201919.2019

To: CITY CLERK OF NORFOLK

Email: [email protected]@INSPIREBRANDS.COM

Manager Name: TODD CLEMENT

Licensee Name: BLAZIN WINGS INCINC

Licensee Trade Name (DBA):(DBA): BUFFALO WILD WINGS 719719

License Number: 1-122485

Date Due;Due: 02-03-202002-03-2020

I have attached a copy of a new corporate manager application that was submitted to the Nebraska Liquor Control Commission. Please complete the following information below to indicate your recommendation. Send back to Mary Beth Olson at [email protected]@nebraska.qov or faxfax to (402)(402) 471- 2814. If you have questions concerning this matter, please contact our office at (402)(402) 471-4893.

APPROVED

NO LOCAL RECOMMENDATION

DENIED

COMMENTS: (YOU (YOU MAYmay attachATTACH MINUTESminutes and/orAND/OR additionalADDITIONAL NOTES)

Clerk Signature: ______Date: ______

MBO

Janice M. WiebuschWlebusch Bruce Bailey Harry Hoch ' I !:.:.~:.I": '·.oI·IIf"\\:'''tt"rr 'xt-hriiwUttt^r 1/6/2020 -J" t tfn.t! i)i'fsi*tui»ii\ / Enclosure 11 Page 40 of 84 MANAGER APPLICATION iMfaOftire c lise: INSERTINSERT - FORM 3c RECEIVED

NEBRASKA LigUORLIQUOR ajNTROLCONTROL COMMISSION 301 CENTENNIAL MALL SOUTH DEC 19192019 2019 PCPO BOX 95046 I.INCOLN.I.INCOI.N. NE 68509-5046 NEBRASKA LIQUOR PHONE;P~IONE: (402)471-2571 (402) 471-2571 FAX: (402)471-2814 (402) 471·2814 CONTROL COMMISSION Website:Website; www.lcc.nebraska.gov

MUST BE: ./v' Include(nclude codvcopy of US birth certificate,certificate. naturalizationnaturali~ation Dat>erpaper or currenlcurrent US passport ^./ Nebraska resident. Include codvcopy of voter registration card or print out document frfromom SecretarySecretarv of State website ^./ Fingerprinted. See fofonnrm 147 for further information, read form carefully to avoid delays in processing,processing. this form MUST be included with your application -/ 21 years of age or older

Coiporation/LLCCorporationILLC informationinfonnation Nan.Name .fronnmion/l ofCorporation/LLC: ..C:BlaZin Blazin Wings,WingS, IHC.Inc.

Premise informationinfonnation

Liquor License Number: H224851-122485 Class jypgType;...I ____(tf (ifnCWapplitlIlOCllea\.eblankl new application leave blank I

Premise Trade Name/DBA: Buffalo Wild Wings #719#719 2019 Krenzien Drive Premise Street Addrc.ssAddrcss: 2019 Krenzien Drive

ci.v.City: Norfolk _County:county:_M_a_d_i_so_nMadison____ _Zip,Zip CodeCode:.68701 68701 402.370.3910 Premise Phone NumberNumber:------402.370.391 0 [email protected] Premise Email address:address:~_WW~~~en~~n~~I~~pir~Brands.com------

TheThc individual whose name is listed as8S a corporate ofricerofficer or managing member as85 reported on insert formrorm 3a ojr3B0 or lisTfedîtblis witb the Commission. To see authorized officers or members searchsearcb your license informatiâêre.inrormat~ere..

SIGNATURESIGNATURE~~YBY CORPORATE OFFICER /I MANAGING MEMBER (Faxed(Faxed signatures arc acceptable)

Form 103 Rev July 2018 PagePQ8clof6 2 off

1/6/2020 Enclosure 11 Page 41 of 84 LastLast Name:Name:' __-Io(_J_e~a1..u¢':';":.;....J..I- ______FirstFirst Name:Name:_----"-WL..::;~;..;;J.;;..;:'d.~ ____ MI: UJlA.J

Home Address: ______--,_------____

City: ______County: ______Zip Zip Code:,Code:~ _____

Home PhonePhone Number: -----

Driver's License Number && State:State:_ I Social Security Number: ______=--- ______

Date OfOfBirth: Birth: _____~ ___~ ____ Place Of Birth: __

Email address:address:. ____C."""'(f:; ....W1:...;...;.;;;;0"l~l-..::-=...r.-b~J,=(i=@~0f-a....;.;h;...;.;~;....IP-,-=~=- ______

□DYES yes C3no~NO

Spouses Last Name:_Name: ______First Name:Name:, ______MI: __

Social Security Number:Number:~ ______Driver's License Number & State: ------Date Of Birth: ______Place Of Birth:.Birth: ______

YEAR YEAR YEAR YEAR CITY & STATE CITY & STATE FROM TO FROM TO -" -■ . . •b L

-.— ■ . -•> I/ . .- .-. - - . - I* . I. --=:-. - -y -'- • .* 1 - '

Fonn 103 Rev July 2018 Page30f6Page) of 6

1/6/2020 Enclosure 11 Page 42 of 84 YEAR TELEPHONE NAME OF EMPLOYER NAME OF SUPERVISOR FROM TO NUMBER JfDIC ;JJP''1 'fletL-Reel ~b.·11 ~ Rf/'t1~ Ids '170 -3 :30-n~ I-Z--Z.

^coo t!)<)t1f ~fJ(eh~ ~ 7(;d./C\ ~ .. S-:J.~ $.2.':. f0- ~ p

1.I. READ CAREFULLY. ANSWER COMPLETELY AND ACCURATELY. Must be completed by both applicantapplicaot andaDd spouse, unlessuoless spouse has fifiledled anaD affidavitatTKiavit of non-non participation.

Has anyone who is a party to this application, or their spouse, EVERBY.Im been convicted of or plead guilty to any charge.~. Charge means!!!:tmeans gny charge alleging a felony, misdemeanor, violation ofofaa federal or state law; a violation ofofa a localloca1law, law, ordinance or resolution. List the nature ofthe charge, where the charge occurred and the year and month ofthe conviction or plea, iDcIude trafSctraffic violatiais.violadODl. Also list any charges pending at the time ofthis application. If mOlemore than one party, please list charges by each individual's name. Commission must be notified ofany arrests and/or convictions that may occur after the date of signing this application.

P~ YES o□ NO If yes, please explain below or attach a separate page.

Date of Where Description Name of Applicant Conviction Convicted of Disposition (mm1yyyy)(mm/yyyy) ((City City & State) Charge •1 •1 -— • - .... , . . . I1 . . .« . * .•

2. Have you or your spouse ever been approved or made application for a liquor license in Nebraska or any other state?

IPVES~YES DNoIIlNO

IF YES, list the name of the premise(s): 6d- Cat10-$, cae -8"tfe,IQ/A)(/J W"tI s (^ AhrU\A/zrf4 pU^e:^pl#llle, tVE'... Atp/~JdC; 3. Do you, as a manager, qualifyquality under Nebraska Liquor Control Act (§53-(553-131.01)t 31.0 I) and do you intend to supervise, in person, the management of the business?

lZfYES[^YES DNOQNG

FormFonn 103 Rev July 2018 Paac4of6Pagc4of6

1/6/2020 Enclosure 11 Page 43 of 84 4.4. ListList thethe alcoholalcohol relatedrelated trainingtraining and/orand/or experienceexperience(when (when andand where) of ofthe the person making application.application.

*NLCC·NLCC Training Certificate Issued:Issued: _____ Name onon Certificate: ______

Date Applicant Name Name of program (attach(attach copycopy ofcourse completioncompletion (mm/yyyy)(mmlyyyy) certificate)certificate "SrLL Cler^<^ POtH

*For-For listlist ofofNLCCNLCC Certified Training Programs see training

Date of Applicant Name / Job Title Name && Location of Business: Employment:

JoAeJ^t(> LJ/\^ ✓- ^ t ' V (3lA. Af»n^^ /l/

As.rt«7 tYxi-, aA J~ -T$- f RrcL f Cr^cltoAT,

uffy- AAo\J SecA (^irA. to. w f ~j^^jA ^ ^erftCrA A/i Md\l JAh3 Atf^riAy plaM/S. AJ^T o' /v^y/. ms 1 i "ySirL aUj m(> ^ AlphAf; AJ^. "JTAA M*"y^c/

S.5. Have you enclosed formfonn 147 regarding fingerprints?

0YES~YES QNO[]No

Foml03Fonn 103 Rev July 2018 Jlase50f6PageSofS

1/6/2020 Enclosure 11 Page 44 of 84 The above individual(s), being first duly sworn upon oath, deposes and states that the undersigned is the applicant and/orandlor spouse of applicant who makes the above and foregoing application that said application has b^been read and that the contents thereof and all statements contained therein are true. If any false statement is made in any part of this application, the applicant(s) shall be deemed guilty of peijuryperjury and subject to penalties provided by law. (Sec(Sec $53-131.01)&53-131.01) Nebraska Liquor Control Act.

The undersigned applicant hereby consents to an investigation of his/herhislher background including all records of every kind and description including police records, tax records (State(State and Federal), and bank or lending institution records, and said applicant and spouse waive any rights or causes of action that said applicant or spouse may have against the Nebraska Liquor Control Commission and any other individual disclosing or releasing said information to the Nebraska Liquor Control Commission. If spouse has NO interest directly or indirectly, a spousal affidavit of non-participation may be attached.

The undersigned understand and acknowledge that any license issued, based on the information submitted in this application, is subject to cancellation if the information contained herein is incomplete, inaccurate, or fraudulent.

Applicant Notification and Record Challenge: Your fi fingerprintsngerprints will hebe used to check the criminal history records of the FBI. You have the opportunity to complete or challenge the accurateaccuracy of the information contained in FBI identification record. The procedures forfor obtaining a change, correction,con-ection, or updating an FBI identification record are setsetforthforth in Title 28, CFR,CFR. 16.34.16.34. .~~ ..--./...... - _ .. ,...,...... 1 ...•• Stature of Manager Applicant SignatureSigoature of Spouse

ACKNOWLEIXjEMENTACKNOWLEDGEMENT

State of Nebraska County of /AnLiltmoJ"i ~ The foregoing instrument was acknowledged before me this

tVfDu... ILa-t~ .^oiq80 I q by ..,-odd C) Q..tV1iLn+ ----->...... =:...... ;...... :.~-----'''''''''=-a..~daIc'------date NAME OF PERSON BEING ACKNOWLEDGED

Affix Seal Notary Public signature AA GENERALNOTARY-StateafNebraskaGEftaw. NOTARY· Slate at Nebraska SS SHAWN D0 MOSER . • MyMyComin.Ei4>.Oclober6,2020 Comm. &p, Oclobet6, 2020

In compliance with the ADA, this application is available in other formats for persons with disabilities. A ten day advance period is required in writing to produce the altematealternate formatformat

ForniForm 103 Rev JubJuly 2018 PageSofSPagchf6

1/6/2020 Enclosure 11 Page 45 of 84 !!I&uT rr I syxI@%'& !#u #!%##'& Pssvpr#!'##! $! syxrt

9Hvyyr qvyyr 5 syxrt 8uvrssQyvpr

To: Brianna Duerst City Clerk

Thru: Shane Weidner Public Safety Director

From: Don Miller Chief of Police

RE: Buffalo Wild Wings #719 Liquor License Background Investigation

Date: December 24, 2019

The Norfolk Police Division conducted a background investigation on the liquor application for Blazin Wings Inc. DBA Buffalo Wild Wings #719, located at 2019 Krenzien Dr., Norfolk, Madison County, NE 68701.

This business currently operates under liquor license #I-122485. The purpose of this application is for a Manager Application for Buffalo Wild Wings #719.

The proposed manager on the new application paperwork is 52-year-old Todd Clement who resides in Norfolk, Madison County, NE. It states that he is unmarried.

It appears that the appropriate paperwork has been filed with the Nebraska Liquor Control Commission. A check of their website shows that a Manager Application, with the name of Todd Clement, was pending.

A check of the Norfolk Police Division local files was done. There have been no NPD contacts with Clement.

A check of the Nebraska Criminal Justice Information System (NCJIS) criminal, civil, and traffic files was done for Todd Clement. Clement's driver’s license information shows two convictions for Driving Under Suspension in 1990 and 1998. The NSP Criminal History shows 5 arrests. These all occurred between 1988 to 1993 and were almost all for Fraud/Bad Checks (Misdemeanor) along with the DUS, some minor traffic offenses, and a Failure to Appear.

Clement indicated that in addition to residing in Norfolk, he has also lived in the following cities since 2011: Grand Junction, CO; Fort Collins, CO; and Johnstown, CO. I reached out to the records department with the police departments for each of these cities. None of the police departments had any contacts with Clement.

Service ~ Honor ~ Commitment

1/6/2020 Enclosure 11 Page 46 of 84

There are no warrants for Todd Clement's arrest. Clement had several civil cases between 1999 to 2001 for which he was the defendant in collections or contract cases. There were no civil cases involving Clement after 2001 with the exception of a dissolution of marriage case in 2011.

Service ~ Honor ~ Commitment

1/6/2020 Enclosure 11 Page 47 of 84 Resolution No. 2020- 2 Resolution of Lodge, Association or Other Similar Organization

By: QTYCITY OF NORFOLK BANKFIRSTeA.NKflRST 100 N 13TH STFra-STREET NORFOLKNORFOlK NE 68701

Referred to10 inill thisIhis documentdocumenl as "Financial"FilUmcilli Institution"/"slillllio,," Referred to10 ini" thisIhis documentdocumenl as "Association""Associalion"

I, BRlANNAWBANNA D 0UB«TDUERST ,, certifycertifY that I am Secretary (clerk)(clerk) of the above named association organized under the laws of Nebraska ,, Federal Employer I.D.J.D. Number 47-600829347-6006293 ,, and that the resolutions on this document are a correct copy oforthe the resolutions adopted at a meeting of the Association duly and properly called andIIml held on 10-21-2019 (date).(dale). These resolutions appear in the minutes of this meeting and have not been rescinded or modified. Agents. Any Agent listed below, subject to any \\Tittenwritten limitations, is autliorizedauthorized to exercise the powers granted as indicated below: Name and Title or Position Signature Facsimile Signature (if(if used)

X ______A.A.BR!ANNABRIANNA D DUERSTDUEBST· - aTYCITY CLgtK~ .XX ______

X ______B. RANDY A GATESGATES·• HNANCEANANCEOFACER OFRCB^ X ______X

C.c. X ______X ______

X ______D. X ______

E..E. X ______X ______

X ______P.,F. X ______

ResoMlon of Lodse. Asaxlotlan Or alter similar aganlzitloiu Banlcera SyoansTM VMP3 QiV-l(lA-' 3/l/20te31112018 Wbltars Kuww FlnancM Services U 2016 F\siaAlgold4 1 of 4

1/6/2020 Enclosure 12 Page 48 of 84 Powers Granted. (Attach(Attach one or more Agents to each power by placing the l~lterletter correspo~dingcorresponding to thei~their name in the area before each power. Following each power indicate the number of Agent sIgnaturessignatures reqUIredrequired to exercIseexercise the power.) Indicate A, B, C, Description of Power Indicate number 0,D, E, and/or F of signatures required ______(1)(1) Exercise lIllall of the powerspowcre listed in this resolution.

!..!A..,:,A. B=:....-B _____ (2)(2) Open lInyany deposit or share account(s) in the name orof the Association.

!..!A..,:,ABB=:....-_____ (3)(3) Endorse checks and orders for the pnymentpayment of money or otherwise withdraw or transfertrnnsfel' funds on deposit with this Financial Institution. ______(4)(4) Borrow money on behnlfbehalf and in the name of the Association, sign, execute and deliver promissory notes or other evidences of indebtedness. ______(5)(5) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned or iicquiredacquired by the Association as security for sums borrowed, and to discoimtdiscOlmt the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non-payment. ______(6)(6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe Deposit Box in this Financial Institution. ______(7)(7) Othel':Other:

Limitations on Powers. TlieTIle following are the Association'sAssociution's express limitations on the po\verspowers granted under this resolution.

Resolutions TheTlte Association nnnicilnamed on thistltls resolution resolvesresoh'cs that, (1)(I) TiieTIle FinancialFinnncialinstitution Institution is designated as an depository for the funds of the Association and to provide other financial accommodationsaccol11Jl1odntions indicated in this resolution. (2)(2) TillsTIlis resolution shall continue to haveImve elTecteflcct until express written\\Titlen notice of itsits rescission or modification has been received and recorded by the FinancialFinancinl Institution.Institution. Any and all prior resolutions adopted by the Association and certified to the Financial InstitutionInstitution as governing the operation of this association's account(s), are inin fullfull forceforce and effect, until the Financial InstitutionInstitution receives and acknowledges anlIll express written"Titlen notice of itsits revocation, modification or replacement. Any revocation, modification or replacementrepillcemcnt of aiI resolution must be accompanied by documentation, satisfactory to the FinancialFinullcial Institution,Institution, establishingestllblishing the authoritylIuthority forfor the changes. (3)(3) TlieTIle signature of an Agent on this resolution isis conclusive evidence of their authoritylIuthority to actnct on behalfbehal f of the Association. Any Agent, so longlong as they act inin a representativerepresentutive capacity asns an Agent of the Association, isis authorized to make anynny and allnil other contracts, agreements, stipulations and orders which they may deem advisable forfor the eflective exercise of the powers indicatedindicutcd on pagepnge one, from(i'om time to time with the Financial Institution,Institution, subjectsubject toto any restrictionsrestrictions on tliisthis resolutionI'esolution or otherwise agreedngreed toto inill writing.writillg.

RasotullonRlsclulion o(of Lodgo,lodge. AssodollonAaocIoUon Or OilierOther StmllorSlmllir OroonlulionsO'lIlnlUllcns BankersBIWIcInI ^stemsiuSIIaemstM VMP3 OA-1CA-l 3/11201631112016 VttMersWlltersl

1/6/2020 Enclosure 12 Page 49 of 84 (4)(4) All transactions,transactions, ififany, any, with respectrespect toto anyany deposits, withdrawals, rediscountsrediscounts andand borrowings by oror onon behalfbehalfof of thethe Association with thethe FinancialFinancial InstitutionInstitution prior toto thethe adoptionadoption ofof thisthis resolutionresolution areare hereby ratifled,ratified, approvedapproved andand confirmed.confi,·med. (5)(5) TheThe Association agreesagrees toto thethe termsterms andand conditionsconditions ofof anyany accountaccount agreement,agreement, properly openedopened by anyany Agent ofof tliethe Association. TheThe Association authorizesauthol"izes thethe FinancialFinancial Institution,Institution, atnt anyany time,time, toto chargecharge thethe Association forfor allall checks,checks, drafts, oror otherother orders,orders, forfor thethe payment ofof money, thatthat areare drawndrawn onon thethe FinancialFinancial Institution,Institution, soso longlong asas theythey containcontain thethe requiredrequired numbernumber ofof signaturessignatures forfor thisthis purpose. (6)(6) TlieThe Association acknowledges andnnd agrees thatthat thethe Financial InstitutionInstitution may ftfurnishirnish at itsits discretion automated access devices toto Agents of thethe Association toto facilitatefilcilitate thosethose powers authorizeduuthorized by thisthis resolutionresolution or otherothe.· resolutionsresolutions inin effect at thethe timetime of issuance.issuance. The termterm "automated"automated access device" includes,includes, but isis not limitedlimited to,to, credit cards, automated tellerteller machines (ATM),(A TM), and debit cards. (7)(7) The Association acknowledges and agrees thatthat thethe Financial InstitutionInstitution may relyrely on alternative signaturesignature and verification codes issuedissued toto or obtained fromfi'om thethe Agent named on thisthis resolution.resolution. The termterm "alternative"alternative signaturesignature and verification codes" includes,includes, but isis not limitedlimited to,to, facsimilefacsimile signaturessignatUl'cs on filefile with thethe Financial Institution,Institution, personal identificationidentification numbers (PIN),(PIN), and digital signatures.signatures. IfIf a facsimilefacsimile signaturesignature specimenspecimen has been provided on thisthis resolution,resolution, (or(or thatthat are fifiledled separatelyscparately by thethe Association with thethe Financial InstitutionInstitution fromfi'om timetime toto time)time) thethe Financial InstitutionInstitution isis authorized toto treattreat thethe facsimilefacsimile signaturesignature as thethe signaturesignature of thethe Agent(s) regardlessregardless of by whom or by what means the facsimilefacsimile signature may have been affixed so longlong as itit resembles the facsimilefacsimile signature specimen on fifile.le. The Association authorizes each Agent to have custody of the Association's private key used to create a digital signature and to requestrequcst issuanceissuance of a certificate listinglisting the corresponding public key. TlieTIle Financial InstitutionInstitution shall have no responsibility or liabilityliability forfor unauthorized use of alternative signature and verification codes unless otherwise agreed inin writing. Pennsylvania. TlieTIle designation of an Agent does not create a power of attorney;nttol'lley; therefore.therefore, Agents are not subject to the provisions ofof20 20 Pa.C.S.A. Section 5601 et seq. (Chapter(Clmpter 56; Decedents, Estates and Fiduciaries Code) unless the agency was created by a separate power of attorney.attomey. Any provision that assigns Financial InstitutionInstitution rights to act on011 behalfbehulfofnny of any personpersoll or entity Isis not subject to the provisions ofof20 20 Pa.C.S.A. Section 5601 et seq. (Chapter(Chapter 56; Decedents, Estates and FiduciariesFiducial"ies Code).

Resatullan d Lodge. Assodalian Or ether SmUr Ogantzjticns Bankers ^emstu VMP3 QA·lOA-1 311120163/1/2016 lAUlersKMwer Ftnanclal Services ® 2016 Pllgo3RoQe3cf4 of ..

1/6/2020 Enclosure 12 Page 50 of 84 Effect on Previous Resolutions. Tliisntis resolution supersedes resolution dated allALL priorPRIOR .. IfIfnot not completed, all resolutions remain in efTcct.effect. Certification of Authority I further certifycertifY that the Association has, and at the time of adoption of this resolution had, full power and lawfiillawful authority to adopt the resolutions stated above to confer the powers granted above to the personspel'sons named who have fiillfull power and lawful authority to exercise the same. (Apply(Apply sealselll below where appropriate.) E)!!II If checked, the Association is a non-profit lodge, association or similar organization.

(Secretmy)(Secretary) (AUest(Allest by OtherOlher Officer)Office/~ BRANt^lABRlANNA D DUBRSTDUERST· - OTYQTY CLERKClERK RANDY A GATES - RNANCEANANCE OFRCBROFFI~

(Attest(Alles/ by OtherOllrel' Officer)OJ]icel~ Josh Moenning/Moenning, Mfyoc~or

For Financial Institution UseUse-Only Only Acknowledged and received on (cleI/e)(ihtte) bvby ____ (initials) o□ This resolution is superseded by resolution dnteddated Comments:

Resotulion of Lodge. Associdion Or Other SmiUr Orgmtzdkinr Bankers ariletnsTu VMP3 OA-lOA-1 311120163/1f20l6 VtWere Khiwer FaMnclnl Services (J 2010 Pago4c14Paged of 4

1/6/2020 Enclosure 12 Page 51 of 84 309 N 5th Street Norfolk, NE 68701 P402-844-2010 F402-844-2001 www.ci.norfolk.ne.us right at home.

Josh Moenning [email protected] Mayor

December 30, 2019

Jenny B. Mason, CCCFF Coordinator Nebraska Department of Economic Development 301 Centennial Mall South PO Box 94666 Lincoln, NE 68509-4666

RE: Letter of Intent to apply

Dear Ms. Mason:

This letter is official notice to the Department of Economic Development that the City of Norfolk intends to apply for an award through the Community and Civic Center Financing Fund program. The city is in the process of completing the application for the 2020 program year.

City staff is working with Northeast Nebraska Economic Development District on a capital construction application for a Recreation Center project. The estimated total project budget is $6,294,402. The city has reviewed the grant maximum schedule and will apply for $1,125,000. The city is aware that, if awarded, CCCFF monies cannot account for more than fifty percent of total project costs and has a general accounting system in place to track project costs.

The city’s local contact for this application is Candace Schmidt, Economic Development Coordinator, (402) 844-2264 or [email protected].

Sincerely,

Josh Moenning Mayor

1/6/2020 Enclosure 13 Page 52 of 84 th September 9 , 2019

Mr. Steve Rames, Public Works Director

309 North 5th Street Norfolk, NE 68701

RE : Annexation Request for Pinkelman Truck & Traiier, Inc Project

Dear Mr. Rames,

Please consider this letter to be a formal request for voluntary annexation of the property at 1110 E. Omaha Ave, just South of Highway 275 and West of S. Victory Rd .

The proposed project is the development of the property for a new business location for Pinkelman Truck & Trailer, Inc. The development of this property will only be feasible and move forward if Tax Increment Financing (TIF) is available to help with the costs related to land preparation, utility infrastructure, and other eligible TIF expenses.

The property is currently outside of the Norfolk City limits. We want to be even more involved in, and an asset to, the City of Norfolk and believe there is no better way to show this than to request voluntary annexation.

Enclosed are:

a. A map of the area requested to be annexed; and b. A legal description of the area totaling 5.36 acres

If you have any questions or require additional information, please feel free to contact me at any time.

Sincerely,

Amber Pinkelman Pinkelman Truck & Trailer, Inc 401 E. Northwestern Ave Norfolk, NE 68701 (402) 371-3062 [email protected]

1/6/2020 Enclosure 15 Page 53 of 84 .... 9/11/2019 Madison County Assessor Parcel Information parcellD 590301225 .I..i.n.k£ Map Number 1501-36-0-00479-000-0003 Cadastral tJ. Current Owner NORFOLK LAP LLC Mailing Address 401 E NORTHWESTERN AVE NORFOLK NE 68701-0000 Situs Address 01110 EAST OMAHA AVE lax Dist[i~t 60 I.axJO -- S~bQQI Pistri~t -- I'IIORF'OLK 2 NeigbbQrbQQd 75000 P[Qperb Class Commercial LQt Widtb X Deptb Legal Des~riptiQn WI BORG 2ND ADDITION LOT 3 (35-24-1)

Assessed Values Ye.a.r Imal J..aruI Imp[Qvements Outbuildings I 2019 $63,064 $63,064 $0 $0 I

2018 Tax Information 2018 Tax Levy ~ $1,019.62 Description Ram lax Le~ 1.703315 AG SOCIETY 0.010877 COUNTY GENERAL FUND 0.321507 ESU 8 0.013070 LOWER ELKHORN 0.023143 NORFOLK 2 1.089905 NORFOLK 2 AFF BD 9-12 0.031916 NORFOLK 2 BOND K-8 0.054825 NORFOLK FI RE GEN ERAL 0.035000 NORFOLK SID 0.014801 NORTHEAST COMM 0.095000 COLLEGE ROAD/BRIDGE BOND 0.005000 RR TRANS SAFETY DIST 0.008271

5 Year Sales History Sales data is not available on-line at this time.

1 590301225 1/6/2020 Enclosure 15 Page 54 of 84 ,.. 9/11/2019 Madison County Assessor Property Classification Status: Unimproved Location: Suburban

~[aPlu:t~ Class; Commercial Cit~ Size; No Population Zaning; COMMERCIAL Lat Size; 5.00-9.99 ac.

Land Information Lat Width Lat Depth ValUe Methad # af Units Lot Value I Acre(s) 5.36 162880 I

Historical Valuation Information Year Billed Qwoe[ J.arul 1mD.r Qutbldg Ia1a.l Iaxable Iaxe.s. I 2018 RASMUSSEN/PAULA $63,064 $0 $0 $63,064 $63,064 $1 ,019.62 1 S 2017 RASMUSSEN/PAULA $63,064 $0 $0 $63,064 $63,064 $1,021.66 1 S 2016 RASMUSSEN/PAULA $57,857 $0 $0 $57,857 $57,857 $946.30 1 S 2015 RASMUSSEN/PAULA $57,857 $0 $0 $57,857 $57,857 $948.80 1 S 2014 RASMUSSEN/PAULA $57,857 $0 $0 $57,857 $57,857 $985.82 S

2 590301225 1/6/2020 Enclosure 15 Page 55 of 84 \. ~

j ~~~~t::E:=-~~:~. i ::;--:.E't-,.. PlI "--

.~ -

1/6/2020 Enclosure 15 Page 56 of 84

ORDINANCE NO. ____5644

AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO ANNEX TO SAID CITY A TRACT OF LAND LYING IN THE NORTHEAST ¼ OF SECTION 35, THE NORTHWEST ¼ OF SECTION 36, ALL IN TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA. REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED IN PAMPHLET FORM. WHEREAS, such lands, lots, tracts, streets, and highways are urban or suburban in character and are not, in any event, agricultural lands which are rural in character, and WHEREAS, the subject property to be annexed is adjacent to the City of Norfolk; and WHEREAS, the owners of the subject property have, by petition, requested that the property be included within the corporate limits of the city; and WHEREAS, pursuant to Nebraska Revised Statutes Section 16-117 (7), a city of the first class may annex contiguous or adjacent property without complying with the provisions of Section 16-117 (3) through (6) when the property owner requests annexation by petition; and WHEREAS, it is deemed proper that such real estate be annexed to said City. NOW, THEREFORE, be it ordained by the Mayor and the City Council of the City of Norfolk, Nebraska:

Section 1. THAT A TRACT OF LAND LYING IN THE NORTHEAST ¼ OF SECTION 35, THE NORTHWEST ¼ OF SECTION 36, ALL IN TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA, FURTHER DESCRIBED AS:

Beginning at the Northeast corner of Lot 4 of Wiborg Addition; thence south on the east line of Lots 3 and 4, Wiborg Addition, on an assumed bearing of S01o29’50”W a distance of 94.1 ft.; thence S88o14’46”E a distance of 68.5 ft. on the north line of Lot 1, Wiborg’s 2nd Addition also

1/6/2020 Enclosure 15 Page 57 of 84 being the south Right-of-Way line of U.S. Highway 275; thence S57o23’33”E a distance of 79.2 ft.; thence N89o17’49”E a distance of 159.7 ft.; thence S82o26’50”E a distance of 176.0 ft. to the Northwest corner of Lot 3, Wiborg 2nd Addition; thence south on the west line of said Lot 3 on a bearing of S00o37’10”E a distance of 689.8 ft. to a point of intersection of the west line of said Lot 3 and the North Right-of-Way line of the abandoned Chicago and Northwestern Transportation Company; thence N87o39’40”E on the railroad Right-of-Way line a distance of 157.7 ft.; thence N02o20’20”W on said Right-of-Way line a distance of 50.0 ft.; thence N87o39’40”E on said Right-of-Way line a distance of 290.0 ft. to a point of intersection of railroad Right-of-Way and the west Right-of-Way line of Victory Road; thence south on the west Right-of-Way line 150 ft. to the south line of the Railroad Right-of-Way; thence on City of Norfolk property line bearing N87o55’39”E 136 ft. to a point; thence continuing southeast on the City of Norfolk property line on a bearing of S18o33’33”E 246.1 ft. to a point; thence southeast on the City of Norfolk property line on a bearing of S43o17’33”E 130.9 ft. to a point on the North 1/16 line of the Northwest ¼ of Section 36, Township 24 North, Range 1 West; thence east on North 1/16 line to a point of intersection of said 1/16 line and the west line of Lot 2 Hradec’s Addition; thence northwesterly on the south line of said lot on a bearing of N64o14’10”W a distance of 257.8 ft. to a point; thence N64o15’55’W a distance of 263.4 ft. to a point being the southwest corner of Lot 2 Hradec’s Addition; thence N01o42’05”W a distance of 211.9 ft. to a point on the west line of Lot 1, Hradec’s Addition; thence N13o50’15”W on the west line of Lot 1 a distance of 289.9 ft. to the northwest corner of said Lot 1; said corner being the same as the southwest corner of Lot 6 North Fork Industrial Park Addition; thence northwesterly on west line of said Lot 6 a distance of 120.0 ft. to a point; thence northwesterly on the west line of said Lot 6 a distance of 131.8 ft. to the northwest corner of said Lot 6 and also being the southwest corner of Lot 7, North Fork Industrial Park Addition; thence northwesterly on the west line of said Lot 7 a distance of 247.2 ft. to the northwest corner of said Lot 7 and the Old South Line of Highway 275 Right-of-Way line; thence west on the Old South Line of Highway 275 Right-of-Way to the point of beginning. Said tract of land contains 26.8 acres more or less.

SEE EXHIBIT “A”. be and the same is hereby included within the boundaries and territory of the City of Norfolk, Nebraska, and said lands and the persons residing thereon shall hereafter be subject to all rules,

regulations, ordinances, taxes, and all other burdens and assets of other persons and territories included within the City of Norfolk, Nebraska, and shall receive substantially the benefits of other inhabitants of such city as soon as practicable. Section 2. That all ordinances and parts of ordinances in conflict herewith be and they are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form.

1/6/2020 Enclosure 15 Page 58 of 84 PASSED AND APPROVED this _____ day of ______, 20____.

ATTEST:

______Brianna Duerst, City Clerk Josh Moenning, Mayor

(S E A L)

Approved as to form: ______Danielle L. Myers-Noelle, City Attorney

1/6/2020 Enclosure 15 Page 59 of 84 ANNEXATION MAP

Land lying in the NE1/4 of Section 35, the NW1/4 Section 36, all in Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska

~~·~~-----T

. . NIlR-PARK INDJSTRIAL AREA

-,..

~ AREA TO BE ANNEXED

No1 Scala ~======~------

1/6/2020S:'DEPnENGWISCOOC\ANNEX\WIBORG2NDADD.DWG EnclosureEXHIBIT "A" 15 Page 60 of 84 Financial Feasibility Analysis Agreement

THIS FINANCIAL FEASIBILITY ANALYSIS AGREEMENT (this “Agreement”) is made as of January 6, 2020 by and between City of Norfolk, Nebraska, a Municipal Corporation, (“Client”), and CBRE, INC., a Delaware corporation (“CBRE”). Client and CBRE are also referred to herein as the “Parties.” In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, Client and CBRE hereby agree as follows:

1. FINANCIAL FEASIBILITY ANALYSIS SERVICES

1.1 Client hereby appoints CBRE to provide the financial feasibility analysis (the “Services”) for designated projects (each, a “Project”) as described in work orders (“Work Orders”) agreed upon by the Parties from time to time. Work Orders shall be in the form attached hereto as Appendix “A”. Each Work Order signed by the Parties shall specify the Services, the compensation to be paid to CBRE, and any other terms and conditions relating to each Project. The terms and conditions of this Agreement shall be incorporated into all Work Orders, and shall govern the performance of the Services, in accordance with each Work Order. Should the terms of this Agreement and a Work Order conflict, the terms of the Work Order will control.

1.2 The initial term of this Agreement shall commence on the date of this Agreement and expire on August 31, 2022 (“Term”). The Parties may mutually agree to renew or extend the Term. Either Party may terminate this Agreement without cause by providing the other Party at least thirty (30) days’ prior written notice specifying the effective date of such termination.

1.3 CBRE will use reasonable commercial efforts to complete its tasks in accordance with target completion dates established by Client in a Work Order, but does not guaranty such schedule. The actual date of completion of a Project and CBRE’s Services in connection therewith is referred to as the “Actual Completion Date”.

CBRE shall provide the Services in a good and efficient manner consistent with Client’s usage and image, using the standard of care customary for professional providers of like services within the commercial real estate services industry. CBRE shall perform the Services through able, qualified and trained CBRE employees (“CBRE Employees”) and, if applicable, subcontractors. CBRE shall have the exclusive right to hire, direct, discipline, compensate and terminate CBRE Employees, and shall exercise complete and exclusive control over the conduct of CBRE Employees.

2. INSURANCE

2.1 CBRE’s Insurance. CBRE shall maintain the following insurance policies, covering the activities of CBRE under this Agreement: (a) commercial general liability of $2,000,000 combined single limit per occurrence; and (b) umbrella form excess liability insurance in excess of the limits provided by the commercial general liability policy with limits of $3,000,000 per occurrence. Client will be included as an additional insured under CBRE’s commercial general liability policy described above to the extent of loss attributable to CBRE’s negligence. CBRE’s insurance will not be called upon to respond to or cover Client’s negligence or willful misconduct. CBRE shall have no less than $5,000.00 medical expense payment coverage.

2.2 Client’s Insurance. Client shall maintain: (a) commercial general liability insurance with per occurrence limits of $5,000,000, which limits may be provided by any combination of primary and following form excess policies, and (b) “all risk” property insurance for each Project on a replacement value basis.

3. INDEMNIFICATION

1/6/2020 Enclosure 16 Page 61 of 84 3.1 Indemnification. Subject to the terms of this Agreement, each Party (as the case may be, the "Indemnifying Party") agrees to indemnify, defend and hold harmless the other Party (the "Indemnified Party") from and against all third party claims, liabilities, judgments, actions, penalties and other expenses (collectively, “Claims”) asserted against or incurred by the Indemnified Party for bodily injury, personal injury or property damages to the extent such Claims are attributable to the Indemnifying Party’s negligence or willful misconduct or the Indemnifying Party's failure to comply with applicable law.

3.2 Procedure. CBRE and Client shall be liable hereunder only to the extent of their respective indemnity obligations. If both Parties bear fault for a matter, each Party’s liability shall be equal to the percentage determined to be due to the fault of such Party as agreed upon by the Parties or as fixed by settlement agreement or final judgment of a court or arbitration panel. Further, if either Party assumes the defense of a matter for which the other Party, but not the defending Party, is at fault (in whole or in part with any third party), the Party at fault shall either pay or reimburse the defending Party fully for all costs and expenses incurred in connection with such defense.

3.3 Limitations on Liability. Notwithstanding any provision herein to the contrary:

(a) Neither Party shall be liable for any lost or prospective profits or any other indirect, consequential, special, incidental, punitive, or other exemplary losses or damages, whether based in contract, warranty, indemnity, negligence, strict liability or other tort or otherwise, regardless of the foreseeability or the cause thereof.

(b) CBRE shall not be liable for any Claim based upon or resulting from any erroneous or incomplete data provided by Client or any third party or otherwise contained in Client’s databases. No representation or recommendation is or will be made by CBRE as to the legal sufficiency, legal effect, or tax or accounting consequences of any Project, transaction or documentation.

4. CONFIDENTIALITY; INTELLECTUAL PROPERTY

4.1 Confidentiality. CBRE and Client agree that any material, information or data relating to the research, development and/or business operations, strategies or ideas of a Party (the “Disclosing Party”), including, without limitation, customer information, business methodologies, plans or forecasts, that provides the Disclosing Party with a competitive advantage, that is not generally known by persons not employed by the Disclosing Party and that could not easily be determined or learned by someone outside its organization (“Confidential Information”) and disclosed to the other Party (the “Receiving Party”) may not be disclosed by the Receiving Party unless otherwise permitted by this Agreement. Confidential Information shall not include information (a) in the public domain, (b) disclosed with the written permission of the Disclosing Party, (c) known to the Receiving Party from a source other than the Disclosing Party without a breach hereof by the Receiving Party, or (d) independently developed by the Receiving Party without information received from the Disclosing Party. In addition the Parties may disclose Confidential Information (i) to employees who have a need to know in connection with this Agreement, (ii) in any action to enforce the provisions of this Agreement, (iii) in any action involving claims by or against persons or entities that are not Parties, (iv) as required by applicable law or legal process, or (v) to accountants, attorneys, advisors and insurers who agree to or are otherwise required to maintain the information in confidence.

4.2 Intellectual Property. CBRE shall not receive any right, claim, title or interest in or to any proprietary products or intellectual property of Client. Notwithstanding any provision hereof to the contrary, all methodologies, systems, procedures, management tools, software, ideas, inventions, know- how and other intellectual capital that CBRE has developed, created or acquired prior to performing Services under this Agreement, or develops, creates or acquires during the Term or thereafter (“CBRE’s Intellectual Capital”) are and shall remain the sole and exclusive proprietary property of CBRE, and Client shall not have or acquire any right, claim, title or interest in or to any of CBRE’s Intellectual Capital.

1/6/2020 Enclosure 16 Page 62 of 84 Client shall receive no ownership of or right to any of CBRE’s working papers or manuals. Performance of the Services by CBRE shall not be deemed to be a prohibition of, or interfere in any manner with CBRE’s provision of similar services to third parties, provided that CBRE in so doing does not use or disclose any Confidential Information of Client.

5. CLIENT COVENANTS

Client shall furnish all available information and cooperation reasonably required by CBRE in order to deliver the Services required hereunder. Client shall render all required approvals and decisions with reasonable promptness for the orderly performance of the Services. Client agrees that CBRE shall bear no liability to the extent arising out of Client’s failure to comply with its obligations under this Agreement. Further, CBRE shall have no liability to the extent a Claim arises because CBRE acted or failed to act because of adherence to Client’s policies, rules, regulations, agreements and/or instructions. All Client policies and instructions with which CBRE must comply shall be consistent with this Agreement and provided to CBRE in advance in writing.

6. NOTICES

All notices, waivers, approvals, consents, demands, other communications required or permitted under this Agreement shall be in writing and deemed properly given, served and received (a) if delivered by messenger, when personally delivered, (b) if mailed, on the second business day after deposit in the U.S. mail, certified or registered, postage prepaid, return receipt requested, or (c) if delivered by reputable overnight express courier, freight prepaid, the next business day after delivery to such courier; in each case addressed to the Party to be notified as follows: if to CBRE, then to CBRE, Inc., 11213 Davenport Street, Suite 300, Omaha, NE 68154, Attn: Sam Garden, with a required copy sent to: CBRE, Inc., 2100 McKinney Avenue, Suite 900, Dallas, Texas 75201, Attn: General Counsel – Global Workplace Solutions; and if to Client, to City of Norfolk, 202 N. 7th Street, Norfolk, Nebraska 68701, Attn: Danielle Myers-Noelle; or to such other address as any Party may notify the other Party.

7. MISCELLANEOUS

7.1 Entire Agreement; Amendment; Counterparts. This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof. This Agreement may not be amended or modified, nor may any term be waived, except in a writing signed by both Parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

7.2 Assignment; Successors and Assigns. Neither Party shall assign this Agreement (other than an assignment to an affiliate or by operation of law) without the prior written consent of the other Party. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns.

7.3 Waiver. No consent or waiver by a Party to or of any breach or default, shall be deemed or construed to be a consent or waiver to or of any other breach or default under this Agreement. Failure of a Party to complain or declare the other Party in default, irrespective of how long such default continued, shall not constitute a waiver by such Party of rights and remedies hereunder.

7.4 Force Majeure. No delay or failure in performance by a Party shall constitute a default hereunder to the extent caused by Force Majeure. Unless the Force Majeure substantially frustrates performance of the Services, Force Majeure shall not operate to excuse, but only to delay, performance of the Services. If Services are delayed by reason of Force Majeure, CBRE promptly shall notify Client. Once the Force Majeure event ceases, CBRE shall resume performance of the Services as soon as possible. “Force Majeure” means any event beyond the control of the Party claiming inability to perform its obligations and which such Party is unable to prevent by the exercise of reasonable diligence,

1/6/2020 Enclosure 16 Page 63 of 84 including, without limitation, the combined action of workers, fire, acts of terrorism, catastrophes, changes in laws, condemnation of property, governmental actions or delays, national emergency, war, civil disturbance, floods, unusually severe weather conditions or other acts of God. Inability to pay or financial hardship shall not constitute Force Majeure regardless of the cause thereof and whether the reason is outside a Party’s control.

7.5 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect including, but not limited to, Sections 3, 4, and 8.5.

7.6 Title VI Non-Discrimination Program. Pursuant to the Title VI Non-Discrimination Program of the City of Norfolk, CBRE agrees to comply with the provisions set forth in Appendix A to CITY’s Title VI Non-discrimination Program, if applicable. A copy of said provisions are attached hereto as Appendix “B” to this Agreement. Any reference to “contractor” in Appendix “B” shall mean “CBRE” for purposes of this Agreement.

7.7 Federal Immigration Verification System. CBRE 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.

7.8 Governing Law; Jury Waiver. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska without regard to conflicts of law principles. EACH PARTY, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF ITS CHOICE, KNOWINGLY AND VOLUNTARILY, WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION IN ANY WAY RELATED TO, THIS AGREEMENT.

1/6/2020 Enclosure 16 Page 64 of 84 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first above written.

City of Norfolk, Nebraska, a Municipal Corporation

By: Name: Andrew Colvin Title: City Administrator

CBRE, INC.

By: Name: Sam Garden Title: Senior Director

1/6/2020 Enclosure 16 Page 65 of 84 APPENDIX “A”

Work Order #1 To Financial Feasibility Analysis Agreement Dated January ____, 2020

This Work Order #1 is attached to and forms part of the Financial Feasibility Analysis Agreement, dated as of January ____, 2020, by and between The City of Norfolk, Nebraska, a Municipal Corporation (“Client”) and CBRE, Inc., a Delaware Corporation (“CBRE”) (as it may be amended, the “Agreement”). Capitalized terms used in this Work Order without definition that are defined in the Agreement shall have the meanings set forth therein.

This Work Order shall be governed by and construed in accordance with the Agreement unless amended for this Work Order below.

This Work Order shall be governed by and construed in accordance with the laws of the State of Nebraska without regard to conflicts of laws principles.

1. Project Description. For purposes of this Work Order, the Project shall be as described below, which shall be the Project for purposes of this Work Order:

Downtown Norfolk master planning, feasibility analysis and real estate redevelopment of the northeast corner of First Street and Norfolk Avenue in Norfolk, Nebraska.

2. Target Completion Date and Schedule. The target completion date for the initial feasibility and evaluation phase of the Project is estimated to be six months and completed in June of 2020.

3. Specific Duties. In providing the Services, CBRE shall have the duties as defined in Exhibit 1 – Scope of Services attached hereto with respect to the Project.

4. Project Management Services Fees. As compensation for the performance of the Services in connection with the Project, Client shall make the reimbursements provided for in Section 7 below and shall pay to CBRE a fee as set forth in Exhibit 2 – Compensation for Services attached hereto. The fee shall be equitably adjusted if the Services extend beyond the scheduled completion date of the Project, or if the originally contemplated Scope of Services is significantly increased or decreased.

5. Variable Services and Fees. Client and CBRE may agree that CBRE will provide additional variable services and resources and will compensate CBRE based on actual hours spent by CBRE personnel on such services utilizing the hourly rate schedule below:

Title Rate per Hour Managing Director $ 250 Senior Director $ 225 Director $ 200 Senior Project Manager $ 175 Project Manager $ 150 Project Coordinator $ 100

6. Sales and Use Taxes. Client is exempt from sales and use tax.

7. Reimbursable Items. Client shall reimburse CBRE for all costs, expenses and charges of CBRE in connection with the Services, as approved by Client individually or as included in an approved reimbursable

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1/6/2020 Enclosure 16 Page 66 of 84 budget, and will include the following expenses: reproduction of drawings; messenger service; overnight delivery; local travel (mileage) to the Project jobsite, consultant offices or other Project related travel, long distance travel, lodging and meals when pre-approved by Client; subcontractor fees and expenses without mark-up; parking; sales and use taxes and, if applicable, value added taxes paid on behalf of Client; freight and shipping costs paid on behalf of Client; and any specific non-recurring charges directly attributable to the Project and approved by Client.

8. Timing. All sums due to CBRE from Client under this Work Order shall be paid within thirty (30) days following receipt of an invoice from CBRE. Client’s obligation to pay or reimburse CBRE as provided in this Work Order shall survive the expiration or termination hereof. All payments to CBRE hereunder shall be made in the amounts then due and without set-off. IN WITNESS WHEREOF, the Parties have executed this Work Order effective as of the date first above written.

The City of Norfolk, Nebraska, a Municipal Corporation

By: Name: Andrew Colvin Title: City Administrator

CBRE, INC., a Delaware Corporation

By: Name: Sam Garden Title: Senior Director

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EXHIBIT 1

SCOPE OF SERVICES

1. Specific Duties: In providing the Services, CBRE shall have the following duties with respect to the Project:

1.1 Establish Project Goals

(a) Formalize clear project goals for time, cost and scope with client including but not limited to image, quality, budget, schedule, priorities, partnerships, marketing and communication.

(b) Develop realistic milestones and a budget for total project costs with client, including professional services, site development, acquisitions and construction of various real estate and partnerships. It is anticipated that multiple scenarios and combinations of projects will be evaluated.

1.2 Establish Project Decision-Making Process

(a) Work with client to develop, understand and formalize the project decision making process including the relationship and scheduling of project stakeholders and necessary approval entities.

1.3 Project Feasibility and Analysis

(a) Act as a liaison and representative of the client in evaluation of the project from an investor, tenant, owner and developer capacity in order to determine financial feasibility of the project.

(b) Assist client in developing real estate proformas and financial models to evaluate various project investment and participation structures.

(c) Recommend various real estate ownership, leasing and partnership models for evaluation and consideration by client and its stakeholders.

(d) Gather input for interested partners, investors, tenants and stakeholders and coordinate requirements with project team.

(e) Provide lease agreement models for outgoing and incoming tenants for the real estate redevelopment at the northeast corner of First Street and Norfolk Avenue.

(f) Assist client with evaluation of local community and making reports or presentations to appropriate community leaders or organizations for the purpose of garnering community support for the project. Coordination of project team members in preparation of materials necessary for those efforts.

(g) Assist client to incorporate project requirements of economic assistance programs provided by the State of Nebraska and other partnerships being evaluated by the project team. Assist client to develop a strategy for obtaining the necessary approvals.

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1/6/2020 Enclosure 16 Page 68 of 84

2. Additional Services. In conjunction with the Services, CBRE shall provide such other services as are reasonably requested by Client, subject to the Parties’ mutual agreement as to the scope of, and pricing for, such other services.

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1/6/2020 Enclosure 16 Page 69 of 84

EXHIBIT 2

COMPENSATION FOR SERVICES

STIPULATED SUM FEE BASIS

1. Fees for Financial Feasibility Analysis. As compensation for the performance of Services as defined in this Work Order, Client shall make the reimbursements provided for below and shall pay to CBRE a stipulated sum equal to $20,000. The monthly fee allocation is based on an estimated time commitment of 15-20 hours per month and 1-2 site visits per month. In the event that the time commitment is required to be adjusted, Client and CBRE agree to mutually review a revised fee structure.

2. Progress Payments. CBRE will invoice Client on a monthly basis, in a format that is agreeable to Client, based on progress of the Services towards the Target Completion Date and Schedule defined in this Work Order. The CBRE Project Management Compensation Schedule sets forth the distribution of the fees.

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1/6/2020 Enclosure 16 Page 70 of 84

APPENDIX “B”

Title VI Non-Discrimination Program

Non-Discrimination Provisions

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

(2) Non-discrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap.

(4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the (Recipient) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the (Recipient), or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the (Recipient) shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

(a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

The contractor shall take such action with respect to any subcontract or procurement as the (Recipient) or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the (Recipient) to enter into such litigation to protect the interests of the (Recipient), and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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1/6/2020 Enclosure 16 Page 71 of 84 ORDINANCE NO. ______5645

AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, GRANTING A FRANCHISE TO ALLO COMMUNICATIONS LLC, A NEBRASKA LIMITED LIABILITY COMPANY, TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF NORFOLK; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; PROVIDING PENALTY FOR THE VIOLATION OF THE ORDINANCE PROVISIONS; PROVIDING A REPEALER AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. Be it ordained by the Mayor and City Council of the City of Norfolk: Section 1. Definitions: A. Annual Gross Revenue: All revenue actually received directly or indirectly by the Grantee from or in connection with the operation of the Cable Television System franchised pursuant to this ordinance, including, but not limited to, revenue from all service fees including user fees, regular subscriber service fees, installation and reconnection fees, leased channel fees, converter and other equipment rentals, advertising revenues, home shopping revenues, internet revenues via cable modems, data transmission revenues, and distance learning revenues. Advertising revenues, home shopping revenues, and other revenues which cannot be directly attributable to operation within the City shall be determined by apportioning the total of those revenues among those governmental franchising units entitled to a portion of those revenues based on each franchise's percentage of the subscribers in all such franchise units. Annual Gross Revenue shall not include any taxes imposed directly upon any subscriber or user by a State, local or other governmental unit and collected by such Grantee on behalf of such governmental unit. B. Auxiliary Cable Service: The transmission of any information, other than that described as Core Cable Service, over the System including, but not limited to, internet service via cable modems, data transmission, or distance learning applications. C. Basic Service: Grantee’s basic television programming package in effect from time to time which will include approximately seventy (70) channels, including local channels. D. Cable Act: The Cable Communications Policy Act of 1984 (P.L. 98-549), the Cable Television Consumer Protection and Competition Act of 1992 (P.L. 102-385), the Telecommunications Act of 1996 (P.L. 104-104), and any amendments thereto. E. Cable Service: Grantee’s subscription television service that is provided through the System to Subscribers. F. Cable Television System or System: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Core Cable Service or Auxiliary Cable Service which includes video programming and which is provided to multiple subscribers within the City, but such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or

1/6/2020 Enclosure 17 Page 72 of 84 facilities uses any Public Way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable television system (other than for purposes of Section 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers; or (iv) any facilities of any electric utility used solely for operating its electric utility systems; G. Core Cable Service: The one-way retransmission to subscribers of video programming or other programming, and the subscriber interaction, if any, which is required for the selection or utilization of such programming. H. Drops: the fiber cables and network interface unit connecting a given premises to System. I. City: The City of Norfolk, Nebraska, or its Council as herein defined. J. Council: The City Council of the City of Norfolk. K. Grantee: ALLO Communications LLC, a Nebraska limited liability company, its successors and assigns. L. Person: Any individual, firm, partnership, domestic or foreign corporation, association, joint venture or other legally recognized entity or organization. M. Public Ways: The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, conduit, tunnel, park, parkway, waterway, utility easement or other public rights-of-way now or hereafter held by the City. N. Subscriber: Any person who legally receives, or has legally contracted for the right to receive, Cable Service and does not further distribute such Core Cable Service or Auxiliary Cable Service. Section 2. Grant of Nonexclusive Authority: There is hereby granted by the City to the Grantee the right, privilege and franchise to erect, construct, operate and maintain in, upon, along, across, above, over and under the Public Ways now laid out or dedicated and all such extensions and additions thereto in the City poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation of a Cable Television System on the terms and conditions hereinafter set forth. The City expressly reserves the right to grant a similar use of said Public Ways to any person at any time during the period of this Franchise. The City also expressly reserves the right to grant additional cable television franchises to other Persons, provided, however that the terms and conditions of such franchises are no more favorable nor less burdensome than the terms and conditions provided herein. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal, State or local law. Section 3. Duration of Franchise: The Franchise and the rights, privileges and authority hereby granted shall be for an initial term of ten (10) years, commencing on the Effective Date of this Franchise. This Franchise will be automatically extended for an additional term of ten (10) years from the expiration date unless either party notifies the other in writing of its desire to not exercise this automatic extension (and enter renewal negotiations under the

1/6/2020 Enclosure 17 Page 73 of 84 Cable Act) at least three (3) years before the expiration of this Franchise. If such a notice is given, the parties will then proceed under the Cable Act renewal procedures. The Grantor and the Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of the Grantee’s Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute. Section 4. Franchise Fees: The Grantee shall pay to the City a franchise fee in an amount equal to five (5) percent of the Grantee's Annual Gross Revenues from all sources attributable to the cable television operations of the Grantee within the City under this Franchise. The Franchise Fee due to City for any Auxiliary Cable Service shall not exceed the Franchise Fee imposed on any other service provider utilizing the City right of way and if, pursuant to any franchise agreement with City, a provider of Auxiliary Cable Service pays a Franchise Fee to City of less than five percent (5%), that lesser amount shall be the Franchise Fee paid to City for the Auxiliary Cable Service pursuant to this agreement. All funds received pursuant to this Section shall be deposited into the general fund of the City. Such payment shall not be construed as payment in lieu of personal or real property taxes levied by the City, state or county. The payment due the City under the provisions of this Section shall be computed and due quarterly and shall be paid not more than sixty (60) days after the end of each calendar quarter at the office of the City Treasurer. The City shall be furnished with a revenue statement identifying the sources and amounts of revenue in reasonable detail, and, certified as correct by an officer of the Grantee or its designee, and reflecting the total amounts of Gross Revenues for the period covered by the payment. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this Ordinance. Grantee shall permit any duly authorized representative of the City, upon receipt of advance written notice, to examine during normal business hours and on a non-disruptive basis any and all of Grantee’s records maintained by Grantee as is reasonably necessary to ensure Grantee’s compliance with the Franchise. Such notice shall specifically reference the subsection of the Franchise that is under review so that the Grantee may organize the necessary books and records for easy access by the City. The Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than three (3) years, except for service complaints, which shall be kept for one (1) year and Franchise Fee Records, which shall be kept for five (5) years. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act. The Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or confidential information to the extent Grantee makes the Grantor aware of such confidentiality. If the Grantor believes it must release any such confidential books or records in the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and federal law, it shall deny access to any of Grantee’s books and records, to any person or entity requesting such information.

1/6/2020 Enclosure 17 Page 74 of 84 All reviews shall be conducted at the sole expense of City, provided, however, if such review indicates an underpayment of Franchise Fees of five percent (5%) or more, then the Grantee will reimburse the cost of such review up to a maximum of four thousand dollars ($4,000) per calendar year. Section 5. Territorial Area Involved: It is the expectation of the City that Grantee will extend Cable Service, at a charge which does not exceed Grantee’s normal rate for standard installations, to any area within the City that has a density of 30 residents per lineal strand mile of cable as measured from the extremity of the Cable System nearest the unserved area; provided, however, (i) such installation shall be financially and technically feasible, (ii) Grantee shall not be required to extend the Cable System to a point which is more than one-half mile from its then-existing Cable System, and (iii) as a newly franchised provider of Cable Service, Grantee shall have a reasonable period of time to become capable of providing Cable Service throughout the City as required in this paragraph, taking into account its market share in the City actually served by Grantee. Section 6. Liability and Indemnification: A. Except for incidents of the City’s actual negligence, the Grantee agrees to hold harmless and indemnify the City from any and all liability arising out of the alleged negligence or misconduct of the Grantee, its representatives, agents, employees or subcontractors in the installation, operation or maintenance of the Cable Television System. B. Except for incidents of the City’s actual negligence, the Grantee shall pay and by its acceptance of this Franchise the Grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of the Grantee's negligence or misconduct in the installation, operation or maintenance of the Cable Television System. These damages or penalties shall include, but shall not be limited to, damages arising out of the Grantee's negligence or misconduct in the installation, operation, or maintenance of the Cable Television System authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. C. The Grantee shall pay and by its acceptance of this Franchise specifically agrees that it will pay all expenses incurred by the City in defending itself and its representatives, agents, employees or subcontractors with regard to all damages and penalties mentioned in subsections A and B above. These expenses shall include all out-of-pocket expenses, such as reasonable attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his or her assistants or any employees of the City. D. The City shall give Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the City or any other indemnified party shall timely tender the defense thereof to Grantee and Grantee shall have the obligation and duty to defend any claims arising thereunder, and the City shall cooperate fully therein. E. The Grantee shall maintain liability insurance at all times during the existence of this Agreement by acquiring a specific liability policy for this agreement or by endorsement to a policy to provide separate limits including Products and Completed operations in an amount not less than $6 million, per occurrence, $6 million aggregate. The specific liability policy or the

1/6/2020 Enclosure 17 Page 75 of 84 endorsement to the policy to provide separate limits shall be required to extend exclusively to City. The Grantee agrees at all times during the existence of this Agreement to have in force automobile liability insurance in an amount of $1 million per accident, and shall include medical expense coverage in the amount of $5,000.00 for any one person. The Grantee further agrees to require any agent or subcontractor to provide the same insurance required of Grantee when engaged in any activity related to the installation, operation or maintenance of the Cable Television System. In the event Grantee is unable to obtain subcontractors or agents having the required insurance, the parties agree to reconsider this requirement. In addition, the Grantee shall carry workers compensation insurance as required by the State of Nebraska statutes. The Grantee shall provide the City annually with a certificate of insurance showing proof of insurance and naming the City as an additional insured on all coverages except auto and workers compensation. City acknowledges that all insurance coverage amounts required pursuant to this Franchise may be met with a combination of primary and excess coverages. Upon Franchise renewal if the City has a reasonable, good faith belief that the insurance amounts required in this Franchise are inadequate and should be increased, then upon City’s written request, Grantee and City will conduct good faith discussions to determine whether the insurance coverage amounts should be increased. Increases in the Consumer Price Index for All Urban Consumers, U.S. City Average, for all items, 1982-84=100 (the “CPI-U”), published by the United States Department of Labor on its website at http://www.bls.gov/cpi shall serve as prima facie evidence that insurance coverage amounts should be increased. It is agreed that any insurance required in this subparagraph shall be capped at an amount that does not exceed the recovery limitation in place pursuant to the Political Subdivisions Tort Claims Act then in effect at the time of the extension of the Franchise for any additional ten (10) year period. The Grantee shall provide the City with cancellation notice at least thirty (30) days prior to any discontinuance of coverage. F. This insurance policy including renewal thereof, obtained by the Grantee in compliance with this Section, must be with an insurer with a best rating of no less than “A-” and a certificate of such insurance policy, including renewals thereof, shall be filed and maintained with the City Clerk during the term of this Franchise. Section 7: Rates: The Grantee shall have the right to establish different classifications of service for both residential and commercial subscribers and shall be free to adopt rate schedules applicable to subscribers within each classification. Section 8: Local Access and Studio: A. The Grantee shall dedicate the following public access channels: (1) One channel to Northeast Community College. (2) One channel for local access to include use by governmental agencies or departments, other organizations, individuals and public and parochial schools on a first-come, first-served, nondiscriminatory basis. In the event that the dedicated channels are programmed with original, non-duplicated programming more than seventy-five (75) percent of the hours between 5 A.M. and 1 A.M. each day, the Grantee will provide additional public access channels as needed to the extent such channel or channels are available.

1/6/2020 Enclosure 17 Page 76 of 84 Section 9. Channel Capacity and Services: The Grantee shall maintain a subscriber network and a head-end facility having at least 550 MHz capacity, a reverse spectrum capacity of 5-30 MHz and at least seventy (70) downstream channels and two-way capability. Section 10. Categories of Programming: The Grantee shall provide, at minimum, the following services: (a) signals of television stations pursuant to the then-current regulations and requirements of the Federal Communications Commission; (b) commercial access as required by the Cable Act; and (c) other broad categories of the programming as available, including services such as sports, news, religion, children, ethnic, art/cultural and education. Section 11. Technical Standards: The Grantee shall at all times comply with the following technical standards: - All current FCC Technical Standards; National Electrical Safety Code (National Bureau of Standards); and

- National Electrical Code (National Bureau of Fire Underwriters).

- Any technical standards imposed by any federal law or regulation.

Section 12. Regulatory Authority: The City shall have continuing regulatory jurisdiction and supervision over the operation of any Franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as the City may deem necessary for the conduct of the business contemplated thereunder, provided that such rules and regulations do not materially alter this Ordinance or impair, conflict with or diminish the rights of the Grantee hereunder. Section 13. Customer Service: A. The Grantee shall comply with the customer service provisions of this Section. The City may, however, upon thirty (30) days prior written notice to Grantee, enforce the FCC's customer service standards specified in 47CFR 76.309 as amended. B. The Grantee shall maintain an office in Norfolk which shall be open during all usual business hours, have a publicly listed toll-free telephone number and be so operated that complaints and requests for repair and adjustments may be received on a twenty-four (24) hour basis. C. The Grantee shall use commercially reasonable efforts to maintain a repair force capable of responding to subscriber complaints or requests for repair service within twenty-four (24) hours after receipt of such complaint or request. D. The Grantee shall at all times during the term of this Agreement establish and maintain procedures designed for receiving, acting upon and resolving subscriber complaints to the satisfaction of the Council. E. The Grantee shall maintain a record or "log", listing date and time of customer complaints, identifying the subscriber and describing the nature of the complaints and when and what action was taken by the Grantee in response thereto; such record shall be kept at Grantee's Norfolk office, reflecting the operations to date for a period of at least three (3) years, and shall be available for inspection during regular business hours upon reasonable prior written notice by the City.

1/6/2020 Enclosure 17 Page 77 of 84 Section 14. Billing Credit for Service Outages: A Subscriber reporting a service outage on all channels of 24 hours or longer duration shall be given a billing credit in an amount equal to the value of one full day of services received by that Subscriber, provided that Grantee reasonably determines such outage was caused by Grantee. Section 15. Subscribers' Antennas: Grantee is expressly prohibited from requiring the removal or from offering to remove or to provide any inducements for removal of any potential or existing Subscribers’ antenna as a condition for provision of service by the Grantee. Section 16. Use of Public Property & Conditions For Use: A. The Grantee shall give the City notice of proposed construction in Public Ways at least ten (10) days prior to such construction so as to coordinate all work between the City and Grantee. B. The Grantee shall not open or disturb the surface of the Public Way for any purpose without first having obtained a permit to do so in a manner provided by City ordinance, provided, however, a permit shall not be required for Allo to place Drops. C. The Grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the Grantee when required by the City by reason of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewer, drains, water pipes, City-owned power or signal lights, and tracks or any other type of structure or improvement by public agency. D. The Grantee's use of existing poles or conduits belonging to the City, or the erection or construction of new poles or conduits shall be governed by a separate Pole Use Agreement with the appropriate utility. E. All wires, conduits, cables and other property and facilities of the Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets or public places of the City. The Grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records of all its facilities as requested by the City. Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric, or telephone fixtures, or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the City. F. All wires, cables, amplifiers, and other property of the Grantee shall be constructed and installed in accordance with industry standards at the time of construction. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety consideration. All installations shall be underground in those areas of the City where public utilities providing both telephone and electric service are underground. In areas where either telephone or electric utility facilities are above ground at the time of installation, the Grantee may install its service above ground with the understanding that at such time as those facilities are required to be placed underground by the City, the Grantee shall

1/6/2020 Enclosure 17 Page 78 of 84 likewise place its service underground under the same terms and conditions as utilities serving the City. G. The City shall give the Grantee reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the Grantee sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Grantee to maintain continuity of service, at the expense of Grantee. H. Requests for removal or change. The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given at least ten (10) working days advance written notice of removal or change. I. Authority to trim trees. The Grantee shall have the authority to trim trees overhanging upon Public Ways of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. All trimming is to be done at the expense of the Grantee. The Grantee shall make every effort to preserve the aesthetic beauty and viability of any trees trimmed. The Grantee may contract for such services; however, any firm or individual so retained shall receive City approval prior to commencing such activity. J. Free connections for public buildings. Grantee shall offer one free Drop at the following public buildings: (1) City Administration building at 309 N 5th St. (2) City Street Division building at 1010 S 8th St. (3) City Equipment Services building at 1209 S 9th St. (4) City Park Maintenance building at 1008 McKinley Ave. (5) City Police Division Building at 202 N 7th St. (6) City Fire Station at 701 Koenigstein Ave. (7) City Fire Station 2 building at 2920 W Benjamin Ave. (8) City Library building at 308 W Prospect Ave. (9) Any other public building as may be mutually agreed upon by the City and Grantee. If more than one drop is required per facility the charge for such drop shall be based on the Grantee's cost of time and materials. No monthly charges shall be made for providing a Basic Cable Service to the buildings above listed provided such services shall not be resold. K. At the expiration of the Franchise term, or upon its termination as provided for herein, the City shall have the right to require Grantee to remove at its own expense within a reasonable time all aerial portions of the Cable Television System from all Public Ways within the City. Section 17. Construction Standards: Grantee shall in all respects comply with the provisions of the National Electric Safety Code, the National Electric Code including the latest additions thereto and further comply with all applicable City and federal and state ordinances, laws, rules and regulations. All of the Grantee's plant and equipment, including, but not limited to, the antenna site, head-end and distribution system, towers, house connections, structures,

1/6/2020 Enclosure 17 Page 79 of 84 poles, wire, cable, coaxial cable, fiber optic cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with industry standard engineering practices in effect at the time, performed by reasonably qualified maintenance personnel and construction personnel so as not to endanger or interfere with the safety of any persons or property, or to interfere with improvements the municipality may deem proper to make, or to interfere in any unreasonable manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on municipal properties. Section 18. Emergency override: The Cable Television System shall include an "Emergency Alert" capability which will permit City’s 911 designee to make a call to activate the Emergency Alert system which system shall be operated in compliance with any guidelines established by the Federal Communications Commission. Section 19. Transfers and Assignments: The Grantee shall not be permitted to sell, lease, sublease, transfer or otherwise change either ownership or working control of the Franchise herein granted without the prior written consent of the City. Such consent shall not be unreasonably withheld. Nothing provided herein shall require the City’s consent in the event of a transfer or assignment to a parent, affiliate or subsidiary of the Grantee. Section 20. Franchise Modification: To the extent applicable, Section 545 of the Cable Act shall govern the procedures and standards for modification of this ordinance. To the extent Section 545 of the Cable Act is repealed, modified or is otherwise not applicable, or whenever the parties agree, this ordinance may be modified, to the extent permitted by applicable law, according to the following standards. (1) The City will not unreasonably withhold agreement to amend this ordinance, upon application of the Grantee, when necessary to enable the Grantee to meet competition, improve operating efficiency, reduce operating costs or to take advantage of technological advancements that will afford it an opportunity to more effectively, efficiently or economically serve its Subscribers or Users. Factors which may be considered in connection therewith include, but are not limited to, whether the proposed change, amendment, modification, deletion, addition, or the like will reduce or impair the level or quality of service to any Subscriber or any potential future Subscriber. (2) Further, the City may, on its own motion and after notice and hearing, by agreement duly adopted, without the consent of the Grantee, modify or revise the terms of this ordinance when necessary solely to protect the public health, safety or welfare; provided, however, that no such modification or revision shall effectively terminate the Franchise nor impair, conflict with or diminish the rights of the Grantee as provided herein. Section 21. Reserved. Section 22. Reserved. Section 23. Franchise Revocation:

1/6/2020 Enclosure 17 Page 80 of 84 A. The City shall have the right to revoke the Franchise and all rights and privileges pertaining thereto, in the event that the Grantee: (1) Violates any material provision of this ordinance; (2) Practices any fraud or deceit upon the City; (3) Fails to commence or to materially complete any construction required by this ordinance; (4) Performs any act which requires the approval or consent of the City without first obtaining such approval or consent. (5) Has any lapse, interruption, cancellation or the like of any insurance required in this ordinance lasting longer than thirty (30) days. B. In the event the City believes that grounds for revocation exist as specified above, the City shall notify the Grantee, in writing, of the alleged grounds. If, within thirty (30) days following the receipt of such written notification, or such extended time period as the City may specify, the Grantee has not furnished evidence satisfactory to the City that: (1) the grounds for revocation have been eliminated; or (2) that the Grantee has demonstrated to City that the problem cannot reasonably be eliminated in thirty (30) days and all reasonable steps have been promptly taken to commence to eliminate the problem and such problem will be eliminated as promptly as possible in as short a time as is reasonable under the circumstances; or (3) that the grounds did not exist; the City may call and give notice of a hearing to consider revocation of the franchise. At the hearing, the City shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the City shall be made in writing and shall be delivered to the Grantee. If the City, following such hearing, providing the Grantee with due process, shall find that grounds for revocation exist, it may, thereupon, revoke the Franchise, by ordinance duly adopted. Notwithstanding the above provisions, the Grantee does not waive any of its rights under federal law or regulation. C. The Grantee may appeal any revocations to a court or Commission of competent jurisdiction. Section 24. Privacy: The Grantee shall comply with the privacy provisions of the Cable Act. Section 25. Sale of Cable System: If any time during the franchise term the Grantee decides to offer the Cable System for sale, it will first provide notice to the City of Grantee's asking price, terms and conditions for the sale of the Cable System. The City shall have thirty (30) days from its receipt of such notice from Grantee in which to make a formal offer to the Grantee should it wish to acquire the Cable System. If the City declines to make an offer, fails to make an offer within the time frame set forth above, or if the City's offer fails to meet the price, terms and conditions stated by Grantee in its notice or is otherwise unacceptable to the Grantee, the Grantee shall be free to sell the Cable System to another party without restriction, on more or less favorable terms to Grantee and without any requirement to hold further

1/6/2020 Enclosure 17 Page 81 of 84 discussions with the City. The foregoing shall not apply if the Grantee offers to sell multiple cable systems or other properties, including the Cable System, as a package, or if the Grantee receives an unsolicited offer from and enters into negotiations with or a sale to a prospective purchaser Section 26. Abandonment: A. If the Grantee abandons its Cable System (meaning that portion or portions of the System used exclusively for the provision of Cable Services) during the term of this Agreement, the Grantee shall pay a liquidated damage amount to City of the greater of: (a) fifty thousand and 00/100 dollars ($50,000.00); or (b) fifty and 00/100 dollars ($50.00) per current subscriber. B. The Grantee shall be deemed to have abandoned the System and the City shall be entitled to exercise its option if the Grantee willfully or without cause fails to provide Cable Service to a substantial portion of the Franchise Area for seventy-two (72) consecutive hours, unless the City authorizes a longer interruption of service, in writing and in advance of said interruption. The calculation of such seventy-two (72) hour period shall exclude twenty-four (24) hour periods on any calendar day of any City-recognized holiday in which its offices are closed. Section 27. Force Majeure: Whenever a period of time is provided for in this ordinance for either the City or the Grantee to do or perform any act or obligation, neither party shall be liable for any delays due to causes beyond the control of such party, such unavoidable delays in the issuance of required governmental and utility company permits, licenses, authorizations and approvals; delays caused by utility company work required to be completed prior to Grantee's work; war; riot; insurrection; rebellion; strike; lockout; unavoidable casualty or damage to personnel, materials or equipment; fire; flood; storm; earthquake; tornado; orders of a court of competent jurisdiction; or any Act of God, and upon the occurrence of any such event, said time period shall be extended for the amount of time said party is so delayed. Section 28. Discrimination: The Grantee shall not deny service or otherwise discriminate against subscribers, channel users, or citizens on the basis of race, color, religion, national origin or sex and shall strictly adhere to the equal employment opportunity requirements of the State of Nebraska and the federal government and shall at all times comply with all other applicable federal, state and City laws and all executive and administrative orders relating to nondiscrimination. Section 29. Separability: If any section, subsection, sentence, clause, phrase, or portion of this Franchise shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 30. Equal Protection: If any other provider of cable services or video services is lawfully authorized by the Grantor or by any other state or federal governmental entity to provide such services using facilities located wholly or partly in the Public ways of the Grantor, the Grantor shall within thirty (30) days of a written request from Grantee, modify this Franchise to insure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Grantee’s Franchise shall be deemed so modified thirty (30) days after the Grantee’s initial written notice.

1/6/2020 Enclosure 17 Page 82 of 84 Section 31. Reserved. Section 32. This ordinance shall be published in pamphlet form as provided by the statutes of the State of Nebraska, and shall be in full force and effect from and after its passage, acceptance and publication as provided by law. Section 33. This Franchise is a contract and neither party may take unilateral action that materially changes the explicit mutual promises and covenants contained herein. Any changes, modifications, or amendments to this Franchise must be made in writing, signed by Grantor and Grantee. Section 34. The Franchise granted herein will take effect and be in full force from such date of acceptance by Grantee recorded on the signature page of the Franchise. Section 35. The parties agree that any action arising out of this Agreement will be brought in any court of competent and proper jurisdiction, irrevocably submit to the exclusive jurisdiction of any such court and waive any objection that such party may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the same.

PASSED AND APPROVED THIS ______DAY OF ______, 2020.

______Mayor ATTEST:

______City Clerk

(S E A L)

APPROVED AS TO FORM: ______City Attorney

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ACCEPTANCE

Comes now ALLO Communications LLC, a Nebraska limited liability company, Grantee in the above ordinance and hereby accepts the foregoing grant of franchise and hereby agrees to be bound by the terms thereof. Dated this ______day of ______, 2020. ALLO COMMUNICATIONS LLC A NEBRASKA LIMITED LIABILITY COMPANY ATTEST:

______

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