City of Lincoln, Nebraska

Prepared by:City of Lincoln, Nebraska

Urban Development DepartmentColeen J. Seng, Mayor

Approved:January 24, 2005

Marc Wullschleger, DirectorUrban Development Department

The 48th and "O" StreetRedevelopment Plan

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INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Plan Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

EXISTING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Commerce Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Land Use Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Parks and Open Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10Sidewalks and Pedestrian Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10Public Transportation Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Pedestrian/Bicycle Trails . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Water System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11Sanitary Sewer System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Stormwater System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Historic Significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Blight and Substandard Determination Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14Summary of Existing Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

REDEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19Guiding Development Principles for the Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19Sub-Project Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20Redevelopment Activities: Infrastructure Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . .21Redevelopment Activities: Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Activities by Sub-Project Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Redevelopment Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Property Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Redevelopment/Land Disposition Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25Requests for Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Estimated Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Conformance with Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Impact Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

APPENDIX A: Land Acquisition Policy Statement . . . . . . . . . . . . . . . . . . .A-1APPENDIX B: Relocation Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1

Table of Contents

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LIST OF EXHIBITSExhibit 1: City Context Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Exhibit 2: 48th and "O" Redevelopment Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Exhibit 3: Generalized Existing Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5Exhibit 4: Existing Structures Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Exhibit 5: Deterioration of Site Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Exhibit 6: Existing Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Exhibit 7: Preliminary Concept for "O" Street Improvements - 48th to 52nd . . . . . . . . . . . .10Exhibit 8: Existing Utility Piping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Exhibit 9: Sub-Project Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20Exhibit 10: Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

LIST OF TABLESTable 1: Redevelopment Activities Within Sub-Project Areas . . . . . . . . . . . . . . . . . . . . . . . .24Table 2: 48th and "O" Street Redevelopment Area Project Expenditure Summary . . . . . . .26

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Exhibits 1, 3, 4, 5 and 6 were prepared for the City of Lincoln by Hanna:Keelan Associates,P.C. and Architecture 1 NE.

Exhibits 2, 7, 8 and 9 were prepared by the City of Lincoln, Urban Development Department.

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The 48th and "O" Street Redevelopment Plan is a guide for redevelopment activitieswithin the Redevelopment Area. Exhibit 1 illustrates the location of the area within thebroader context of the city of Lincoln. The boundaries are generally "R" Street on thenorth, 48th Street on the west, 52nd Street on the east, and approximately "N" Streeton the south (see Exhibit 2). Located in north central Lincoln, the area includes one ofthe busiest intersections in the City. It is primarily a commercial area, although theWitherbee neighborhood, a residential area, is located to the south, adjacent to theRedevelopment Area. The Redevelopment Area contains approximated 41.7 acres.

The intersection of 48th & O Streets has been an important crossroads in this commu-nity for more than a century, with change its one constant factor. The founding of thetowns of University Place to the northeast of Lincoln in the late 1880s and of CollegeView to the southeast a few years later shared several factors, including that their east-west main streets were aligned along the same section-line road, which eventuallybecame 48th Street. University Place called the road Warren Avenue, while in CollegeView it was L Street. The annexations of University Place in 1926 and of College Viewin 1931 resulted in the regularizing of the street names and the intersection became48th & O Streets.

By the mid-20th century the intersection reflected the increased importance of the auto-mobile in urban life, with gas stations appearing on the northeast and southwest cor-ners, and Ken Eddy's Drive-In restaurant on the northwest corner. Cool Crest minia-ture golf course and Sleepy Hollow Motel occupied portions of the northeast quadrant,and further east on O St. was the popular Italian eatery Tony & Luigi's.

The city's commercial and residential growth to the east, led by such trendsetters asthe new headquarters of Bankers Life Insurance Company (now Ameritas) at Cotner &O and their adjacent development of Gateway Shopping Center, made 48th & O amore central intersection in the city, rather than its eastern edge. Automobile dealersoccupied major tracts east of 48th Street by the 1960s.

However, in recent years, auto dealerships that occupied both the north and south sideof "O" Street moved, leaving behind buildings designed and constructed for a specificuse. Due to their design for automobile sales and service, the buildings are not suit-able for rehabilitation or adaptive reuse. Acres of land remain vacant and unkemptwhere automobile sales lots were located. Other buildings have been vacant andunoccupied and have deteriorated to the point where structures may not be cost effec-tive to rehabilitate. Incompatible and mixed land uses exist south of "O" Street. With acombination of residential and commercial uses in close proximity, conflicts occur withinand adjacent to the Redevelopment Area, due to the lack of separation or buffering. Inaddition, the lack of storm water capacity has resulted in flooding on and adjacent tothe Redevelopment Area. The fact that 50th Street is not a through street has limitedaccessibility throughout the area and further hinders commercial development.

As a result of these conditions, the City of Lincoln commissioned a Blight andSubstandard Determination Study. On August 23, 2004, the Lincoln City Councilagreed with the findings of the Study and declared the area blighted and substandard.

The City recognizes that continuing blight and deterioration is a threat to the stabilityand vitality of the 48th and "O" Street area and that revitalization efforts cannot reason-ably occur without pubic action. The 48th and "O" Street Redevelopment Plan repre-sents the City's efforts to guide public and private redevelopment of the area.

Introduction

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Plan RequirementsRedevelopment activities are guided by Community Development Law, Neb. Rev. Stat.,Section 18-2101, et. seq. (as amended). The statutes clearly state that the governingbody must have declared the project area substandard and blighted in order to preparea redevelopment plan.

Exhibit 1: City Context Map

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The city has authorized its UrbanDevelopment Department to act as aredevelopment authority under the appli-cable Law.

The Urban Development Department hasformulated, for the City of Lincoln, a work-able program for utilizing appropriate pri-vate and public resources to eliminate orprevent the development or spread ofurban blight, to encourage needed urbanrehabilitation, to provide for the redevelop-ment of substandard and blighted areasincluding, provision for the prevention ofthe spread of blight into areas of themunicipality which are free from blightthrough diligent enforcement of housing,zoning, and occupancy controls and stan-dards; the rehabilitation or conservation ofsubstandard and blighted areas or por-tions thereof by re-planning, removingcongestion, providing parks, playgrounds,and other public improvements by encour-aging voluntary rehabilitation and by com-pelling the repair and rehabilitation ofdeteriorated or deteriorating structures;and the clearance and redevelopment ofsubstandard and blighted areas or por-tions thereof.

The Community Development Law§18.2111 defines the minimum require-ments of a redevelopment plan as follows:

A redevelopment plan shall be suffi-ciently complete to indicate its relation-ship to definite local objectives as toappropriate land uses, improved traffic,public transportation, public utilities,recreational and community facilitiesand other public improvements, and theproposed land uses and buildingrequirements in the redevelopmentproject area...

The statutes further identify six elementsthat, at a minimum, must be included inthe redevelopment plan. They are:1. The boundaries of the redevelopment

project area with a map showing the

existing uses and condition of the realproperty within the boundaries;

2. A land-use plan showing proposeduses of the area;

3. Information showing the standards ofpopulation densities, land coverage,and building intensities in the areaafter redevelopment;

4. A statement of the proposed changes,if any, in zoning ordinances or maps,street layouts, street levels or grades,or building codes and ordinances;

5. A site plan of the area;6. A statement as to the kind and number

of additional public facilities or utilitieswhich will be required to support thenew land uses in the area after rede-velopment.

In making its recommendation to approvethis plan, the Urban DevelopmentDepartment has considered the land usesand building requirements and determinedthat they:1. are in conformance with the general

plan for redevelopment in the City and,2. represent a coordinated, adjusted, and

harmonious development of the cityand its environs. These determinationsare in accordance with:a) present and future needs to pro-

mote health, safety, morals, order,convenience, prosperity;

b) the general welfare; andc) efficiency and economy in the

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Locationof Study

Exhibit 2: 48th and “O” Street Redevelopment Area

Factors considered in the determination included among other things:1. adequate provision for traffic, vehicular parking;2. the promotion of safety from fire, panic, and other dangers;3. adequate provision for light and air;4. the promotion of the healthful and convenient distribution of population;5. the provision of adequate transportation, water, sewerage, and other public utilities;6. schools, parks, recreational and community facilities, and other public requirements;7. the promotion of sound design and arrangement;8. the wise and efficient expenditure of public funds; and9. the prevention of the recurrence of insanitary or unsafe dwelling accommodations

or conditions of blight.

This plan will be reviewed by the Lincoln/Lancaster County Planning Commission forcompliance with the Comprehensive Plan on December 8, 2004. Copies of the relatedstaff report and Commission action are available from the Lincoln City Clerk.

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The 48th and "O" Street Redevelopment Area is a generally rectangular block of landlocated in central Lincoln. Roughly speaking, the area extends from "N" Street on thesouth to R Street on the north, and 48th Street on the west, to 52nd Street on the east.The area is anchored by 48th and "O" Streets, which is one of Lincoln's busiest inter-sections. The area consists of 41.7 acres and features predominately commercialuses, including retail and vacant auto sales and service businesses.

Existing ConditionsLand Use

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Exhibit 3: Generalized Existing Land Use

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The southern tip of the RedevelopmentArea near 48th and M Streets representsthe only residential portion of theRedevelopment Area, and includes foursingle family houses. However, the south-ern edge of the Redevelopment Area bor-ders a predominately residential area.

The functional land use groups for the48th and "O" Street Redevelopment Areacan be seen in Exhibit 3.

Commerce CenterBased on the 2025 Lincoln City/LancasterCounty Comprehensive Plan (AdoptedMay 28/29, 2002 As Amended throughAugust 10, 2004) the area can be definedas a Commerce Center. According to theComprehensive Plan:

"Commerce Centers" aredefined as areas containing a mixof retail, office, services and resi-dential uses, with some light manu-facturing and warehousing inselected circumstances.Commerce Centers can includeshopping centers or districts (suchas neighborhood centers, largescale retail malls, strip centers, andtraditional store-front retail set-tings), office parks, business parks,stand-alone corporate office cam-puses, research and technologyparks, and Downtown Lincoln. Theterm "commerce center" is meant tobe inclusive, not prescriptive....TheCommerce Centers concept givesrecognition to the evolving role ofcommercial and industrial uses inthe life of cities. CommerceCenters encompass a broad rangeof land uses and are intended toencourage the mixing and integra-tion of compatible land use types(p. F 40).

The Comprehensive Plan identifies three separate size categories for CommerceCenters. The variations in size distinguish between the uses occurring in the centersand the differing impacts the centers have on adjacent land uses and the pubic infra-structure (p. E 20). The 48th and "O" Redevelopment Area is likely to fit into theComprehensive Plan's Community Center category, where square footage ranges from300,000 to 1 million square feet.

Land Use Issues Commercial disinvestment has resulted in empty, deteriorating buildings on large,empty, car lots on both sides of "O" Street in the Redevelopment Area. The Blight andSubstandard Determination Study revealed that a large percentage of the commercialand residential structures are in poor condition. The building condition analysis for theStudy (see p. 20, Blight and Substandard Determination Study, May, 2004) was based

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Exhibit 4:Existing Structures Condition

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on an exterior inspection of all 25 existingstructures and an interior inspection of 24.The purpose was to identify structuraldeficiencies and related environmentaldeficiencies for individual sites or parcelsin the Redevelopment Area. The conclu-sion of the external structural survey isthat 48 percent of the 25 structures areeither deteriorating or dilapidated to a sub-standard condition (see Exhibit 4). Theinterior structural analysis confirmed theexterior survey results, indicating that 41.7percent exhibited deteriorating or dilapi-dated conditions.

Functional and economic obsolescence isprevalent in the properties throughout theRedevelopment Area. The original autodealership that was constructed on thesouth side of "O" Street in 1955, was con-structed of reinforced concrete for a spe-cific use. The basement is an under-ground auto parking and storage facilitywith concrete piers that support the two-story structure. The spacing of the piers,height of the ceilings and configuration ofindividual rooms and work spaces do notrender the building compatible for rehabili-tation or adaptive reuse. Similarly, thenewer and larger 1974 auto dealership onthe north side of "O" Street is also notsuitable for adaptive reuse due to its size,and design for auto sales and service.Two other buildings on the north side of"O" Street are vacant, lack adequatemaintenance and have deteriorated to thepoint where the structures may not becost effective to rehabilitate (Blight andSubstandard Determination Study, p. 46).

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Overall site conditions (Exhibit 5) wereevaluated as part of the Blight andSubstandard Determination Study (p. 37).The field survey determined 57.7 percentof the parcels in the Redevelopment Areahad overall site conditions that were in faircondition and 3.8 percent in poor condi-tion. Nearly 12 percent of the parcels hadexcessive debris.

Furthermore, a strong presence of improp-er subdivision or obsolete platting existsthroughout the Redevelopment Area.Almost none of the individual parcels with-in the study area meet today's standardsof platting and subdivision procedures.The land acreage requirements of the for-mer auto dealership required the accu-mulation of large tracts of land for the out-side display of motor vehicles. Casesexist where multiple platted lots wereassembled to support a single use, butwere never replated into a single lot ofrecord. The majority of individual parcelsare only described by a metes andbounds description. Two examples of thisexist at the northeast and southeast cor-ners of 48th and "O" Streets. The originallot contained much more land than theparcel required by the auto dealership,thus the parcels were reduced in size by ametes and bounds description for use byadjacent commercial and residential uses.An additional example of this exists at thenortheast corner of 50th and "O" Streets,where the former auto dealership acquiredfive full or partial lots to have a sufficientarea to support the necessary outsidestorage of motor vehicles (Blight andSubstandard Determination Study, p. 39).

Residential parcels along south 48thStreet currently exceed the area require-ments for residential property. However,the smallest residential parcel is 50' by132'. If south 48th Street is widened,these residential lots would become non-conforming lots.

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Exhibit 5:Deterioration of Site Improvements

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Incompatible and mixed land uses exist south of "O" Street. A combination of residen-tial and commercial uses are in close proximity. Conflicts exist due to the lack of prop-er land use separation or buffering.

The intersection of 48th and "O" Streets has had some four corner commercial zoningin place since at least 1940. The current pattern of H - 2 zoning (formally H - 1 prior to1979) was essentially in place by 1953. This reflected its location as a "cross roads" oftown. Zoning districts found in the Redevelopment Area are illustrated in Exhibit 6 andinclude the following:

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Exhibit 6: Existing Zoning

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Zoning

H-2 Highway Business District, a generalcommercial zoning district. This Isthe vast majority of these parcels,and represents all of the land facing"O" Street.

O-2 Suburban Office District, is on one lotlocated on the east side of S. 48thStreet about ½ the distance between"O" Street and "M" Street.

R-2 Residential District is located onabout three small lots/parcels on thesouth edge of the RedevelopmentArea and in the area currently usedas a parking lot on the east side of50th Street, on the southern edge ofthe Redevelopment Area.

The H-2 District permitted uses, heightand bulk regulations are found in theLincoln Municipal Code chapter 27. 41and could accommodate most commercialor office redevelopment opportunities.

Zoning IssuesSeveral elements of the H-2 zone presentpotential issues with redevelopment. Forexample, the H-2 zone has a 25 foot frontyard setback but in Section 27.67.030,parking is allowed in the front yard set-back in the H-2 District. Thus, any park-ing lot landscaping or parking setback iseliminated. Also, there is a 30 foot or20% of lot depth rear yard setback, but allzoning districts allow parking in the rearyard. As a result there is not much of abuffer, landscaping or separation betweencommercial and existing residential uses.H-2 also allows off-premise signs (bill-boards) up to 700 square feet in area andone pole sign up to 100 square feet insize and 35 feet in height. Numeroussigns and pole signs are perceived to con-tribute to the lack of streetscape beautifi-cation along "O" Street.

Parks and Open SpaceNo parks exist within the Redevelopment Area. However, a city park borders the south-east portion of the Redevelopment Area at 51st and N St. The neighborhood park is2.2 acres in size and features a small playground.

TrafficThis is one of the highest traffic areas within the urban area with "O" Street functioningas the primary east-west thoroughfare providing connections to the central businessdistrict. Traffic on "O" Street is estimated at 36,000 to 45,000 vehicles per day. 48thStreet is the north-south facility also with significant traffic flow with traffic estimated at28,700 vehicles per day. These two roadways make the intersection of 48th and "O"Street the second busiest intersection in the City of Lincoln, following only 27th andCornhusker. Nearly all of the regional traffic entering the 48th and "O" StreetRedevelopment Area will need to use one of thesetwo facilities.

The 48th and "O" Street Redevelopment Area isserved by a rectilinear grid pattern street systemthat borders and intersects the area. The primaryarterial streets or thoroughfares intersecting thisarea include 48th Street and "O" Street with "O"Street functioning as US-34 which crosses theurban area. Other arterials include 52nd Streetwhich borders the east side of the RedevelopmentArea connecting "O" Street with "R" Street to thenorth. "R" Street is located one-quarter mile northof "O" Street and one-eighth mile north of the northedge of the Redevelopment Area and is a criticallink in the arterial street network.

The 50th Street corridor directly intersects the Redevelopment Area with a connectionto "R" Street on the north, crossing "O" Street and continuing on the south. North of"O", the middle third (approximately 0.2 of a mile) of this corridor has never been devel-oped leaving a gap in the internal street system. This gap in 50th Street has limitedaccessibility throughout the Redevelopment Area and hinders further commercial devel-opment. Establishing a traffic connection to "R" Street may also provide benefits in traf-fic circulation. The 50th Street connections to the south of "O" Street are fully devel-oped and provide connections to the residential areas south of "O" Street.

As stated above, the 48th and "O" Street intersection is the second busiest in Lincoln,following only 27th and Cornhusker. A total of 64,200 vehicles per day pass throughthe intersection. Traffic volumes on "O" Street are currently 36,400 and 27,800 on 48thStreet. In the 2025 Comprehensive Plan, volumes are projected to be:

48th Street, "O" to "R" Street: 29,000 48th Street, south of "O" Street: 19,200 "O" Street, west of 48th Street: 43,700"O" Street, east of 48th Street: 45,900

A significant number of vehicle crashes have occurred in the area. From June 30,2001 to July 1, 2004, the intersection at 48th and "O" Street experienced 144 totalcrashes with a community cost of approximately $3.169 million. The intersection at48th and "R" Street experienced 37 total crashes for a cost of approximately $868,000.During the same time frame, 48th Street between "O" and "R" Streets experienced 101 9

Public Facilities

Transportation

Over 36,000 vehicles drive through theRedevelopment Area on “O” Street daily.

crashes for a cost of approximately $2.229 million. Out of these 101 crashes, overhalf were at the two main entrances to the shopping areas along the west side of thestreet and involved people turning into or out of the shopping center.

The capacity on a segment of "O" Street, 52nd Street to 74th Street, has recently beenincreased with the addition of a travel lane in each direction for 6 through travel lanes.The addition of a travel lane in each direction for 6 through travel lanes is also pro-grammed for 42nd Street to 52nd Street, which includes the segment of "O" Street with-in the study area (see Exhibit 7). The purchase of right-of-way is currently underwaywith final design anticipated throughout the fall of 2004 with completion in the fall of2005. As funding becomes available, construction is anticipated to begin in 2006.Before the widening project, right-of-way on "O" Street was 78 feet. For the project, anadditional 31 feet will be acquired on both sides of "O" Street, increasing the right-of-way to 140 feet. Right-of-way on 48th Street will increase by about ten feet, from 120to 130 feet, eventually from "L" Street on the south to north of the intersection at "R"Street.

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Exhibit 7: Preliminary Concept for “O” St. Improvements

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Multiple driveways along the arterials are a major issue because driveways create con-flict points in traffic when vehicles enter or exit traffic flow, both impeding the flow oftraffic and creating safety hazards. Given the high traffic volumes in the area and thenumber of crashes, the number of accesses into the Redevelopment Area should befocused onto points or access roads. When "O" Street is widened, no access will bepermitted on "O" Street between 48th and 50th. Medians will restrict access until 50thStreet, where turns permitted at 50th will include right in, right out, and left in. No leftout movements will be permitted; however, u-turns will be allowed along this stretch of"O" Street.

Parking No vehicle on-street parking is currently provided within the Redevelopment Area. Thegreatest demand for parking within the Redevelopment Area is anticipated to be aresult of private development. Parking is anticipated to be constructed as a comple-ment to the primary land uses.

Sidewalks and Pedestrian ActivityThe Redevelopment Area is served with sidewalks along both sides of 48th Street and"O" Street. The "O" Street widening project will include replacing the existing sidewalksalong these streets. Sidewalks are located along the east side of 50th Street as far asit extends into the Redevelopment Area and along both sides of 52nd Street. These

are all considered to be in good condition. The field analysis for the Blight andSubstandard Determination Study identified approximately 26.9 percent of the side-walks as being in either fair or poor condition.

The major conflicts to pedestrian movements are the high traffic volumes on both 48thand "O" Streets and the numerous drives that cross the sidewalks. There are nopedestrian walkways or facilities located internal to the study area.

The primary shortcoming in the sidewalk system is the lack of pedestrian connectionsalong the 50th Street corridor into the neighborhood to the south; and the incompletestreet and sidewalk along the 50th Street corridor to the north. Additionally, there arefew sidewalks leading from the street to the stores or from one store to another.

Public Transportation Services Public transportation service in the Redevelopment Area consists of one StarTran busroute - 48th Street Shuttle, that travels primarily north and south on 48th Street andserves the 27th and Superior commercial area and the 70th and Pioneer commercialarea.

Pedestrian/Bicycle TrailsAn on street route has been identified along 52nd Street which runs through the east-ern edge of the Redevelopment Area. This route provides a connection between theMoPac Trail on the north and the Billy Wolff Trail on the south.

The MoPac Trail, located along the old MoPac Railroad corridor, is the nearest bike trailand is approximately 1/2 mile north of the Redevelopment Area. The trail extends from30th and X street on the west to approximately 84th and "O" Street on the east withinthe city limits. The MoPac then extends east of 84th and "O" Street into the county.This trail will eventually connect with Antelope Valley on the west and Omaha and intoIowa on the east. The trail is identified in a Quad States Trail Plan as providing a majorconnection between Kansas, Nebraska, Iowa and Missouri.

11

UtilitiesThe basic infrastructure is in place within the Redevelopment Area; however, it is oldand facing increasing demands. As a result, utilities are in need of maintenance and,in some cases, replacement. A detailed analysis should be conducted to identify spe-cific needs and projects, particularly on a case by case basis as redevelopment proj-ects occur.

The 48th and "O" Street Redevelopment Area is served by the following utilities:• Sanitary sewer system (underground)• Storm sewer system (underground)• Water system (underground)• Gas lines (underground)• Electrical conduits (overhead and underground)• Telephone conduits (overhead and underground)• Cable conduits (overhead and underground)

Existing utility piping is illustrated in Exhibit 8,(see next page).

Water SystemAccording to today's development standards, a minimum 6" diameter residential watermain and 8" in commercial districts is recommended to insure adequate water pressurefor fire protection purposes. Water mains along "O" Street were replaced with a new12" diameter main in 2001. Water mains west of 48th and "O" Street will be replacedwith larger diameter mains when the "O" Street widening project occurs. A few under-

sized segments throughout theRedevelopment Area have been replaced,but overall, the system meets currentneeds.

Problems can exist not only in the watermains, but also in service lines which areowned and maintained by individual prop-erty owners. There are numerous servicelines in the Redevelopment Area, installedduring the 1950s through the 1970s.Usually, no attention is given to problemsin the service lines until a break occurs.Undersized service lines, or service linespotentially constructed of lead are thetypes of problems the property owners willhave to repair or replace in the nearfuture.

Sanitary Sewer System The Lincoln Wastewater System is aclosed system, separate and independentfrom storm water functions. TheWastewater System operates on a gravity-flow basis and is treated by two wastewater treatment facilities. The Theresastreet facility provides the treatment forthe 48th and "O" Street area. The areacurrently has waste water lines consistingof 8, 10, and 15 inch diameters. Most ofthe Redevelopment Area is serviced byVCP (vitrified clay pipe) with a few seg-ments of PVC located at the 52nd and"R" street area. Overall, the sanitarysewer system in the Redevelopment Areais in good condition.

Issues that have been identified throughthe Wastewater TV inspection programinclude some cracking in the areabetween "P" and "Q" Streets, South 50thto South 52nd Streets, and a manhole that

will need to be replaced in the parking area north of 50th and "O" Street.

Other issues include cracking and roots intruding into the joints and service connec-tions on "N" Street between South 52nd and South 50th, and on "M" Street betweenSouth 52nd and South 50th. In addition, "O" Street between South 48th and South50th Streets, has had two holes in the main capped. This stretch of "O" Street alsoincludes a protruding service and cracked joints and services. Lastly, a manhole in thesouthwest corner of 52nd and "O" Street will require some channel repairs.

Stormwater SystemThe storm drain system in this area generally drains from south to north, and drains toa tributary of Dead Mans Run. The drainage system consists primarily of an under-ground pipe system for drainage of minor storm events, except for an approximate 500foot open channel within the Redevelop-ment Area that is within the 50th Street align-ment. The drainage system south of "O" Street is conveyed to the approximate 50012

North

Exhibit 8: Existing Utility Piping

Study Area

Water System

Wastewater System

Stormwater System

Private Systems

13

foot open channel through a 48" stormdrain outlet north of "O" Street (88 acredrainage area) and a 60" storm drain out-let west of 52nd Street (142 acre drainagearea). The drainage system in "O" Streetis due for rehabilitation with the future "O"Street widening project. Most of the cur-rent system is typically of sufficient size toconvey the frequent design storm events(5 year and 10 year) for which they wereconstructed. It is planned that the future"O" Street project will include replacingstorm drains where they are currentlyundersized.

However, major storm events causedflooding in the New Century Building at311 N. 52nd Street on August 28, 2002and July 23, 2003, as well as major streetflooding near 50th and "R" Streets. Themajor issue appears to be lack of an adequate overland flow path for sump drainage on52nd Street near the Villager Inn (between "O" and "R" Streets) and at 52nd and "R".In both the major storms of 2002 and 2003 the resultant overland path during the stormevents was through the New Century Building. The majority of the existing drainagewas installed in the 1950s and 1960s with mostly reinforced concrete pipe.

A concept report for resolving the overland flow issue was recently completed with pos-sible alternatives for alleviating some of the flooding from 52nd Street. Two alternativespresented in the concept report include, 1) constructing an overland swale from 52nd tothe open channel in the 50th Street alignment, or 2) constructing an additional under-ground pipe with an associated smaller overland swale for overland flow during a majorflow event. The spring of 2005 is the earliest that any funding would be anticipated tobe available for this drainage improvement.

The open channel mentioned above within the 50th Street alignment is heavily vegetat-ed with trees. Based upon the standards for protecting Minimum Flood Corridors, it isrecommended that alternatives be considered to leave the drainageway open. Theopen drainage provides natural functions and benefits of a riparian corridor related towater quality, habitat, and slowing an infiltration of stormwater. Redevelopment in thisarea should take advantage of opportunities for cooperative efforts between the Cityand the Lower Platte South Natural Resources District (LPSNRD) to explore alternativeconcepts to conserve and enhance the open drainageway in the 50th Street alignmentas an amenity for the site.

Private Water and Sewer SystemsCreating private water and sewer systems internal to the development offers benefitsduring construction and for the future. With the vastness of the area, it is possible tocreate 2-4 private systems. How the development advances, and how lots are createdor existing lots dissolved may guide the best choice in resolving the options that maybe advanced on this issue. Advantages to creating private systems are:

Offers the potential to save time and permit fees during the facility constructionphases;Greater latitude in how the property can be used (i.e., buildings added in thefuture would require building permits, not tapping permits, and likely would notrequire additional water and wastewater impact fees);Avoids complications that may be caused by lots not abutting public facilities.

Flooding at 50th and “R” Streets, lookingsoutheast at the intersection.

Examples of other developments using this method include Westfield ShoppingtownGateway Mall, Southpoint Pavilions and the Home Depot located on Highway 2. Theseareas developed as single meter/private water and sewer systems.

Street LightingStreet lights on "O" St. were replaced in 1986 with 40' galvanized poles, undergroundwire, and 400 watt HPSV luminaries. The system is in good condition. Street lights on48th St., north of "O", were replaced in 1983 with 35' galvanized poles, undergroundwire, and 250 watt HPSV luminaries. This system is also in good condition. The lightson 48th St., south of "O" were installed more than 40 years ago. The poles are 30'painted with overhead wire and 150 watt HPSV luminaries. They are in fair to poorcondition. The lights on 52nd St. are 150 watt HPSV on overhead distribution poles.All of the streets are adequately lit.

Despite the long-standing importance of this intersection, it's relatively rapid and contin-uing evolution has the result than none of the buildings in the redevelopment areaappear to have achieved sufficient age or historic significance, nor have they retainedenough physical integrity, to be regarded as historic resources.

The City of Lincoln, through its Urban Development Department, entered into a contractwith Hanna:Keelan Associates, P.C. to complete the 48th & "O" Streets RedevelopmentArea Lincoln, Nebraska Blight and Substandard Determination Study. The study wascompleted in May, 2004. This section of the Redevelopment Plan is taken directly fromthat study.

Blight Factors The Community Development Law identifies 12 factors that, when the majority arepresent, are sufficient to determine a finding of blighted. In the Blight and SubstandardDetermination Study eight factors were found to have a "Strong Presence" in the area:1. A substantial number of deteriorated or deteriorating structures. A total of 48

percent of the 25 structures were found to be deteriorated or dilapidated, from theexterior analysis, and 41.7 percent from the interior analysis.

2. Faulty lot layout in relation to size, adequacy, accessibility or usefulness.Conditions contributing to the presence of this factor include inadequate lot size,limited pedestrian circulation and lack of planned open space.

3. Insanitary or unsafe conditions. Contributing factors include age of structuresand frame structural members of buildings.

4. Deterioration of site or other improvements. A significant number and percent-age of parcels in the Area have fair to poor overall site conditions. Deterioratinginfrastructure also contributes to the strong presence of this factor.

5. Improper subdivision or obsolete platting. Generally, lot sizes are too small forefficient development, based on today's planning standards. Several blocks havebeen reconfigured by metes and bounds descriptions, in the absence of individuallyplatted lots, especially along 48th Street, between "M" and "R".

6. The existence of conditions which endanger life or property by fire or othercauses. The age of infrastructure is the primary issue throughout theRedevelopment Area.

7. Other environmental blighting factors. Functional and economic obsolescenceis prevalent in the properties throughout the Redevelopment Area.

Historic Significance

14

Blight and Substandard Determination Study

15

Substandard FactorsThe Community Development Law definesa substandard area as one in which thereis a predominance of buildings orimprovements, nonresidential or residen-tial, with the presence of:1. Deterioration/dilapidation of structures.2. Age or obsolescence.3. Inadequate provision for ventilation,

light, air, sanitation, or open spaces; or4. a. High density of population and

overcrowding; orb. The existence of conditions which

endanger life or property by fireand other causes; or

c. Any combination of such factors isconductive to ill health, transmis-sion of disease, infant mortality,juvenile delinquency, and crime, and is detrimental to public health safety,morals, and welfare.

The Blight and Substandard Determination Study determined that three of the four fac-tors had a strong presence in the area and one factor had a reasonable presence.Factors 1, 2 and 4b had a strong presence while factor 3 had a reasonable presence.

It was the conclusion of the study, ...that the number, degree, and distribution of substandard and blighting factors,as documented in this Study, are beyond remedy and control solely by regulato-ry processes in the exercise of the police power and cannot be dealt with effec-tively by the ordinary operations of private enterprise without the aids providedin the Nebraska Community Development Law. It was also the opinion of theConsultant, that the findings of this Blight and Substandard Determination Studywarrant designating the Redevelopment Area as "substandard" and "blighted"(p. 10).

The Lincoln City Council, by resolution, declared the area blighted and substandard onAugust 23, 2004.

8. One of the other five conditions. According to the field analysis, the average ageof commercial and residential buildings is 40+ years of age.

The Blight and Substandard Determination Study also found the following factors had a"reasonable presence:"1. Defective or inadequate street layout. A significant amount of streets and alleys

exhibit fair to poor conditions.2. Diversity of ownership. The total number of owners within the Redevelopment

Area is 19.

Of the twelve factors set forth in the Nebraska Community Development Law, just twohad little or no presence: 1. Tax or special assessment exceeding the fair value of land.2. Defective or unusual condition of title.

Vacant, deteriorating site in theRedevelopment Area, south of “O” Street.

16

Following is a list of key existing conditions identified in this section that should be con-sidered, in conjunction with Guiding Development Principles (p. 19), in the identificationof projects for the Redevelopment Plan. 1. Commercial disinvestment has resulted in empty, deteriorating buildings on large,

empty, car lots on both sides of "O" Street. 2. Functional and economic obsolescence is prevalent in the properties throughout the

Redevelopment Area.3. Few of the individual parcels within the study area meet today's standards of plat-

ting and subdivision procedures. 4. Incompatible and mixed land uses exist south of "O" Street. Conflicts exist due to

the lack of proper land use separation or buffering.5. Although existing zoning should accommodate most commercial or office redevel-

opment opportunities, issues with the H-2 zoning district do not necessarily make itthe most appropriate zoning. Re-zoning should be considered.

6. No parks exist within the Redevelopment Area; however, a small, 2.2 acre neigh-borhood park borders the southeast portion of the Redevelopment Area.

7. The Redevelopment Area has one of the highest traffic areas within the city, with anestimated 36,000 to 45,000 vehicles per day on "O" Street and 28,700 vehicles perday on 48th Street.

8. North of "O" Street, the middle third of 50th street (approximately .2 of a mile) hasnot been completed, leaving a gap in the internal street system. This gap has limit-ed accessibility and hinders further commercial development.

9. Traffic volumes in 2025 are anticipated to increase to between 19,200 and 29,000on 48th Street and between 43,700 and 45,900 on "O" Street.

10. A significant number of vehicle crashes have occurred. 48th and "O" experienced144 crashes between June 30, 2001 and July 1, 2004. 48th and "R" had 37 crash-es and 101 occurred on 48th between "O" and "R". Over half were at the two mainentrances to the shopping areas along the west side of the street and involved peo-ple turning into or out of the shopping center.

11. "O" Street was recently widened between 74th and 52nd Streets and the project isplanned to continue through the Redevelopment Area, to 42nd Street. Right-of-wayacquisition has begun and construction is anticipated as early as 2006, subject tothe availability of funding.

12. Multiple driveways along the arterials impede traffic flow and create safety hazards.With construction of the "O" Street widening project, access into theRedevelopment Area should be focused onto points or access roads.

13. No vehicle on-street parking is provided within the Redevelopment Area. Parking isanticipated to be constructed as a complement to the private redevelopment.

14. Sidewalks will be replaced on "O" Street and 48th Street with the "O" Street widen-ing project.

15. 27 percent of the sidewalks in the area are in fair or poor condition. 16. Major conflicts to pedestrian movements are the high traffic volumes on both 48th

and "O" Streets and numerous drives that cross sidewalks.17. There is a lack of pedestrian connections along the 50th Street corridor into the

neighborhood to the south and the incomplete street and sidewalk to the north.18. One StarTran bus route serves the area.

Summary of Existing Conditions

17

19. An on-street trail has been identified along 52nd Street on the eastern edge of theRedevelopment Area. The MoPac Trail is the nearest bike trail and is approximate-ly ½ mile north of the Redevelopment Area.

20. The basic infrastructure in the Redevelopment Area is old and facing increasingdemands. Many utilities are in need of maintenance and in some cases, replacement.

21. Overall, the current water system meets current needs. However, service lineswere installed during the 1950s through the 1970s and may need to be repaired orreplaced in the near future.

22. Most of the Redevelopment Area is serviced by vitrified clay pipe with a few seg-ments of PVC located at the 52nd and "R" Street area. Overall, the sanitary sewersystem is in good condition although some cracking, cracked joints and services,and manhole repairs are needed.

23. The lack of an adequate overland flow path for sump drainage on 52nd and "R" hascaused flooding of area businesses. This is a serious issue when major stormevents occur and possible alternatives for alleviating the problem have been identi-fied in a recently completed concept report.

24. The street lights south of "O" on 48th Street were installed more than 40 years agoand are in fair to poor condition. However, all the streets in the RedevelopmentArea are adequately lit and the system is in good condition.

25. There are no historic buildings in the Redevelopment Area.26. The Lincoln City Council, by resolution, declared the area Blighted and

Substandard on August 23, 2004.

18

Based on the 2025 Lincoln City/Lancaster County Comprehensive Plan, the 48th and"O" Street Redevelopment Area can be identified as a Community Center. According tothe Comprehensive Plan:

Community Centers are intended to be smaller in scale and intensity of usesthan Regional Centers and serve a more targeted market and geographic area.Community Centers tend to be dominated by retail and service activities,although they can also serve as campuses for corporate office facilities andother mixed-use activities....One or two department stores or "big box" retailoperations may serve as anchors to the Community Center with smaller generalmerchandise stores located between any anchors or on surrounding sitepads...Community Centers can have a community wide appeal but primarilyserve a geographic subarea within Lincoln and surrounding areas within theCounty. Depending on the mix of stores and other shopping opportunities in thearea, existing Community Centers can have a market area that is quite exten-sive, even rivaling some Regional Centers (p. F 45).

Given this definition, several guiding principles identified in the Comprehensive Plan forall Commerce Centers (Regional, Community, and Neighborhood) should be used as aguide for redevelopment activities at 48th and "O". The following principles begin withthose identified in the Comprehensive Plan, then also build on expectations of theWitherbee Neighborhood Association and general redevelopment principles. The rede-velopment of the 48th and "O" Redevelopment Area to the extent possible should: 1. Encourage a diverse mix of uses, such as office, retail, multi-family residential and

service uses. 2. Encourage redevelopment to occur as clusters or hubs with appropriate site design

features to accommodate shared parking, ease of pedestrian movement within thesite and possessing a unique urban (rather than suburban) character, while mini-mizing impacts on the adjacent residential area.

3. Redevelopment should occur in ways that strengthen and support the existing busi-ness communities outside the Redevelopment Area along, and in the vicinity of, the"O" Street and 48th Street corridors.

4. Physical linkages (i.e., sidewalks, trails, roads) should be utilized to directly connectthe Redevelopment Area with adjacent development.

5. Encourage project designs which place commercial buildings rather than parkinglots along 48th and "O" Streets.

6. Buildings should be designed to be compatible, in form and proportion, with theneighboring buildings and should include a variety of forms, materials and colors,yet these elements should be composed to maintain a unified appearance.

7. Buildings should include a richness of architectural detail to help define their scale,pedestrian access and visual rhythm and interest.

8. Building Entrances should be given emphasis or "pride of place." 9. The Redevelopment Area should provide a safe and positive environment for

pedestrian movement by:A. Using pedestrian scale lighting and graphics within the Redevelopment Area.B. Encouraging public security design features including lighting and open spaces

with a high degree of street visibility.

Redevelopment Plan

Guiding Development Principles for the Area

19

C. Encouraging public amenities suchas plazas, squares and other typesof facilities or meeting areas forpedestrians.

10. Where feasible, provide for transitopportunities in the design of the area.

11. Redevelopment should not encroachupon, or expand into, the existing resi-dential neighborhood to the south andshould protect and enhance it by:A. Establishing defensible edges

between the residential and non-residential uses. Use streets orgreen ways to provide boundaries,thus realizing the benefits of mixeduse while screening the negativeeffects of commercial growth onresidential environments. A frontyard setback, landscape screen-ing, and a pedestrian system withcontinuity into and through the siteis preferable.

B. Locating the most intensive com-mercial uses nearer to the majorstreets and furthest from the resi-dential area. Lighting, dumpsters,loading docks and other serviceareas should be shielded from theresidential area.

C. The major access points to thearea should not bring outside traf-fic through the residential area.

The Guiding Principles of theRedevelopment Plan, along with issuesidentified in the Existing Conditions sec-tion of this plan, provide the basis for theredevelopment projects.

StudyBoundary

Exhibit 9: Sub-Project Areas

North

The Redevelopment Plan is divided into two Sub-project areas with specific redevelop-ment activities identified within each sub-project. Activities will be undertaken as fund-ing and private development proceed. Sub-project areas are illustrated in Exhibit 9.

Sub-Project A is the area located south of "O" Street.Sub-Project B includes only the area north of "O" Street.

The next section of this Redevelopment Plan details specific redevelopment activities.Table 1 on page 24 identifies the redevelopment activities included within each sub-project area.

20

Sub-Project Areas

Infrastructure issues that include streets, alleys, sidewalks, and utilities - impede newdevelopment throughout the Redevelopment Area and contribute to the blighting condi-tions. Therefore, the following public improvement activities should occur:

Streets and Alleys1. North of "O", the middle third (approximately 0.2 of a mile) of the 50th Street corri-

dor has never been developed leaving a gap in the internal street system. If cor-recting the 50th Street gap enhances and benefits redevelopment by establishing atraffic connection to "R" Street and benefitting traffic circulation, the connectionshould be constructed.

2. The excessive number of driveways and access points along 48th and "O" Streetsimpedes traffic flow and creates unsafe driving conditions. Identify access points tothe Redevelopment Area and close/consolidate existing drives to help maintain traf-fic flows and increase safety along the main thoroughfares of 48th and "O" Streets.

3. Dedicate and build public alleys as needed in conjunction with redevelopment activ-ities.

Sidewalks and Connectors The Blight and Substandard Determination Study identified 27 percent of the sidewalksas in either fair or poor condition. Additional surveys will be completed and sidewalksrepaired or replaced as necessary in conjunction with redevelopment projects.1. Replace existing sidewalks along 48th and "O" Streets with the "O" Street widening

project. 2. The major conflict to pedestrian movements are the numerous drives that cross the

sidewalks. Consolidate and eliminate vehicular access points (see #2 above, underStreets and Alleys).

3. Construct pedestrian walkways or facilities internally within the RedevelopmentArea.

4. Construct pedestrian connections along the 50th Street corridor into the neighbor-hood to the south and along the 50th Street corridor to the north if the 50th Streetconnection is built.

Public TransportationProvide transit opportunities within and adjacent to the Redevelopment Area, when fea-sible. May include construction of bus shelters and kiosks with transit information.

Pedestrian/Bicycle Trails Continue to identify 52nd Street as an on-street bike route, providing a connectorbetween the MoPac Trail on the north and the Billy Wolf Trail on the south. Continue tomonitor hiker/biker trail needs in the area.

Streetscape BeautificationDesign and implement a design plan for 48th and "O" Streets beautification. Elementsshould include but not be limited to lighting, thematic entrances, landscaping andstreetscape.

Public UtilitiesIn the Existing Conditions section of this Plan, much of the infrastructure in the areawas identified as inadequate - in need of maintenance and, in some cases, replace-ment. In order for new development to occur, the following public improvements shouldoccur:

Redevelopment Activities: Infrastructure Improvements

21

1. Complete a detailed analysis of storm water sewers, sanitary sewers, and the watersystem to determine additional needed improvements. Complete improvements asrequired to support current and anticipated development.

2. Based on the Wastewater TV inspection program, repair or replace as needed(although some improvements extend beyond the Redevelopment Area boundaries,construction should be coordinated):

Multi-quad cracking between "P" and "Q", south 50th to 52nd StreetsReplace a manhole in the area north of 50th and "O" Streets.Multi-quad cracking and roots intruding into the joints and service connectionson both "M" and "N" Street between south 50th and south 52nd Streets.

3. Evaluate water mains within the Redevelopment Area to assure fire fighting andservice requirements are met. Identify where main extensions and abandonmentsmay be appropriate in conjunction with redevelopment.

4. Abandon services to existing buildings for both water and wastewater.5. With construction of the "O" Street widening project, replace water mains west of

48th and "O".6. Identify and construct solutions to inadequate storm water drainage issues.

Solutions may include providing an overland flow path, swale, storm water conduit,and construction of a bioretention/rain garden or similar innovative storm watertechnology solution.

The Redevelopment Area is highly visible and includes vacant blighted buildings andunderutilized land. Major redevelopment will occur and require land assembly with newmixed use commercial development. Projects include:1. South of "O" Street: property acquisition of vacant, underutilized land and blighted

buildings to create the opportunity for new, mixed use development that mayinclude one or two story commercial retail, office and multi-family housing. Projectelements include:

Acquisition of lots:Leming's Sub Lot 4 ex W 135' S 423' & ex S 221' E 135' & ex that partdeeded for street, generally known as 4949 "O" St.Leming's Sub Lot 3 N 156' W 240' ex W 30' N ½ & ex N 6', generally knownas 5001 "O" St.Leming's Sub S 129.2' W 240' N ½ Lot 3 ex W 30' for street & ex street,generally known as 5038 "N" St.Leming's Sub Lot 4 S 170 of N 377 W 135 ex 1622 sq. ft for street, general-ly known as 140 S. 48th St.Lemings Sub Part of Lot 4 ex rd N 60' S 253' W 135' L4, generally known as200 S. 48th St.Leming's Sub ex rd N 60' S 193' W 135' L4, generally known as 224 S. 48thSt.Leming's Sub Lot 4 N 50 of S 133 of W 135 ex street, generally known as230 S. 48th St.Leming's Sub N 58' S 83' W 135' Lot 4, generally known as 240 S. 48th St.

Relocation of tenants, if any.Demolition of existing structures.Grading and site preparation.Elimination of environmental hazards.

Redevelopment Activities: Commercial

22

Paving off-street parking and construction on on-street parking (except on arteri-al streets).Relocating/upgrading utilities as needed including relocation of overhead utilitylines.Eliminating driveways and curb cuts, constructing consolidated entrances asrequired, including paving and landscaping driveways, approaches and side-walks outside property lines. Construction of turn lanes and frontage roads, as required. Vacation of alleys and streets as required.Subdivision and rezoning if necessary.Obtaining access easements as required.

2. North of "O" Street: property acquisition of vacant, underutilized land and blightedbuildings to create the opportunity for new, one story mixed use development that mayinclude commercial retail, office and multi-family housing. Project elements include:

Acquisition of lots:J G Millers Sub (S ½ 20-10-7) N 125' W ½ Lot 20 ex road, generally knownas 366 N. 48th St.Central Park south third Add Outlet AJ G Millers Sub (S ½ 20-10-7) S 125' N 250' W ½ ex road & N 15' S 100' N350' W, generally known as 360 N. 48th St.Central Park south second Add Lot 1, generally known as 333 N. 50th St.J G Millers Sub (S ½ 20-10-7) S 85' N 350' W ½ Lot 20 ex W 60', generallyknown as 330 N. 48th St.J G Millers Sub (S ½ 20-10-7) S 100' N 450' W ½ Lot 20 ex road, generallyknown as 320 N. 48th St.J G Millers Sub (S ½ 20-10-7) Lot 20 S 179.3' W ½ ex road, generallyknown as 300 N. 48th St.J G Millers Sub (S ½ 20-10-7) Lot 20 E 302' of S 179 & 25 hundredths ft.,generally known as 300 N. 48th St.Cool Crest Condo base account located on: J G Millers sub 20-10-7: N ½ lot29 EBurleighs Sub Lots D, E & F ex S 6' for street & Lot G ex S 150' E 36' & LotH ex S, generally known as 5000 "O" St.Cool Crest Condominium Unit #A, generally known as 222 N. 48th St.Cool Crest Condominium Amended Unit C, generally known as 216 N. 48thSt.Cool Crest Condominium Unit #B, generally known as 210 N. 48th St.J G Millers Sub (of 20-10-7) W 137' E 167' S ½ ex street & W 143' E 310' N150.65' S, generally known as 4940 "O" St.J G Millers Sub (of 20-10-7) Lot 29 E 142' W 352' S ½ ex S 6', generallyknown as 4850 "O" St.J G Millers Sub 20-10-7 N 150' S 300' E 150' W210' or W 210' S ½ Lot 29ex S 150', generally known as 140 N. 48th StJ G Millers Sub 20-10-7 W 143' E 310' S 166' Lot 29 ex S 6', generallyknown as 4900 "O" St.J G Millers Sub 20-10-7 Lot 29 S 150' of S 300' E 150' W 210' ex S 6', gen-erally known as 4802 "O" St.

Relocation of tenants, if any.Demolition of existing structures.

23

▶ Grading and site preparation. ▶ Elimination of environmental hazards. ▶ Paving off-street parking. ▶ Relocating/upgrading utilities as needed including relocation of overhead utility

lines. ▶ Construction of facility to eliminate storm water hazards. ▶ Eliminating driveways and curb cuts, constructing consolidated entrances as

required, including paving and landscaping driveways, approaches and side- walks outside property lines.

▶ Construction of 50th Street. ▶ Construction of turn lanes and frontage roads, as required. ▶ Vacation of alleys and streets as required. ▶ Subdivision and rezoning if necessary. ▶ Obtaining access easements as required.

3. Skate Zone Redevelopment Project

Project Description: The Skate Zone Redevelopment Project (the “Project”) is the redevelopment of approximately 2.2 acres comprised of two parcels of land in the 48th and “O” Streets Redevelopment Area and related intersection and right-of-way (ROW) improvements. It is generally located at 300 North 48th Street. The parcels are legally described as the south 179.3 Feet of Lot 20, except that portion taken by the City of Lincoln for road purposes, JG Millers Subdivision, an Addition to the City of Lincoln, Lancaster County, Nebraska (the “Project Area”). The Project Area is depicted on the map, below.

24

The Project involves demolition of existing buildings and construction of a four-story hotel with approximately 84 guest rooms, an approximately 5,600 square foot retail building, an approximately 149 stall surface parking lot, and associated improvements in the Project Area. Intersection improvements on 48th Street will provide improved access to the site and a fully functional signalized intersection. The Project represents a significant private investment in the 48th and “O” Street Redevelopment Area.

Existing Land Use and Zoning: An approximately 19,000 square foot roller rink arena known as “Skate Zone”, an accessory building, a related approximately 5,000 square foot office building, and a surface parking lot are currently located on the Project Site. All buildings are currently vacant and showing signs of disrepair. Significant grade and drainage issues exist at the site. Surrounding land uses include commercial and office uses. The Project is located on N. 48th Street and in close proximity to “O” Street; both are major arterial streets and primary transportation corridors in the City of Lincoln. The completion of 50th Street, on the east side of the Project Area, provides additional access and connectivity to other commercial uses in the area. See the current land use map, below. 

24-a

The Project Area is currently zoned H-2 Highway Business District, a designation which is intended to provide for businesses and services oriented to major arterial streets. The land surrounding the Project Area is primarily zoned H-2 Highway Business District as well, although a portion of the land directly north of the Project Area is zoned I-2 Industrial Park District. Nearby zoning includes the B-1 Local Business District, the O-3 Office Park District and, along “O” Street, the B-3 Commercial District. Existing zoning is shown below.

The Project furthers the goals of the 48th and “O” Street Redevelopment Plan by removing blighted and substandard conditions in the Project Area. With the development of a mix of uses, both retail and hospitality, the Project supports existing businesses along the 48th and “O” Street corridors and strengthens the Redevelopment Area as a commerce center, both of which are goals of the Plan. The Project is also consistent with LPlan 2040, Lincoln/Lancaster County

2040 Comprehensive Plan. The 48th and “O” Street Redevelopment Area constitutes a “commercial center” as defined in Chapter 5 (Business & Economy) of LPlan 2040. Chapter 5 indicates that the redevelopment of existing commercial centers is encouraged, and that commercial centers should be located where there is access to arterial streets with adequate capacity. Development of a retail building and a hotel in the Project Area is also consistent with the 2040 Lincoln Area Future Land Use Plan. Future land use is shown on the map below.

24-b

Statutory Elements:

Property Acquisition, Demolition, and Disposal: The proposed redeveloper currently controls the Project Site. The Project will require demolition and disposal of the existing office building, roller rink arena and accessory building. No relocation of families or businesses will occur as a result of the Project.

Population Density: The Project consists of the construction of a four-story hotel with approximately 84 guest rooms, and an approximately 5,600 square foot retail building, and does not include the construction of any residential units. As a result, the Project is not expected to affect the population density in the 48th and “O” Street Redevelopment Area.

Land Coverage: Land coverage is expected to decrease in the Project Area. The Project will consist of construction of a hotel with an approximately 11,300 square foot footprint and 5,600 square foot retail building on the 2.2 acre site. The Project will comply with the applicable land-coverage ratios and zoning requirements of the City of Lincoln.

Traffic Flow, Street Layouts, and Street Grades: The Project is likely to result in

an increase in traffic with employees, customers, and guests accessing the hotel and retail buildings. However, the site plan identifies access to the site from both 48th Street and 50th Street, which should relieve some traffic congestion created by the Project, if any. Intersection improvements on 48th Street will improve access. The Project does not include vacating any streets or alleys.

Parking: The redeveloper will construct an approximately 149 stall surface parking lot to serve both the retail and the hotel buildings, which will meet the parking requirements of the H-2 Highway Business District.

Zoning, Building Code, and Ordinances: The Project Area is currently zoned H-2 Highway Business District, and the new uses are permitted in this district. Currently, it is envisioned that the Project Area will be subdivided to separate the hotel use from the retail use. All applicable building code requirements and ordinances will be satisfied.

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Architectural Rendering of the Hotel Façade

Financing and Cost Benefit Analysis: The estimated total cost to implement the Project is approximately $11,000,000, which includes approximately $976,000 in public financing. The project cost will be finalized as construction costs are determined. The source of the public funds for these improvements will be the tax increment generated from the private developments on the Project Site. However, funding sources and uses will be negotiated and identified in the redevelopment agreement, subject to approval by the Mayor and City Council.

As required by the Nebraska Community Development Law (Neb. Rev. Stat. §18-2113), the City has analyzed the costs and benefits of the proposed Project as follows:

Public Tax Revenues:

Skate Zone Redevelopment Project Amount

(a) Base Value $1,023,000

(b) Estimated New Assessed Value $5,672,000

(c) Increment Value = (b) – (a) $4,649,000

(d) Annual TIF Generated (Estimated) = (c) x 2.036758% $95,000

Funds Available = (d) x 14 years @ 4.5% $976,000

Upon completion of the Project, the assessed value of the Project Site will increase by an estimated $4,649,000 as a result of the private investment for the Project. This will result in an increase in estimated annual property tax collections during the 15 year TIF period of approximately $95,000, which will be available to finance the costs of construction of the public improvements related to the Project. The public investment of approximately $976,000 in TIF funds will leverage over $10,000,000.00 in private sector financing, a private investment of $10.25 for every TIF dollar spent. The TIF funds shall be subject to adjustment as the project costs are further defined. The Urban Development Department believes that the private and public improvements proposed in this plan amendment would not occur “but for” the utilization of tax increment financing in the 48th and “O” Street Redevelopment Area. It would not be economically feasible for the redeveloper to construct the Project improvements without tax increment financing because the existing site conditions constitute a barrier to development that cannot be adequately remedied without the use of tax increment financing. Existing site conditions include buildings in disrepair and grade and drainage issues. Public investment may assist with the costs of street improvements, site acquisition, site preparation and grading, environmental remediation, demolition, façade enhancements, and other public improvements and enhancements permitted under the Community Development Law in the 48th and “O” Street Redevelopment Area. Public Infrastructure and Community Public Service Needs Impacts: It is not anticipated that the Project will have an adverse impact on existing public infrastructure. In fact, the Project involves the capture of the incremental tax revenues for use for street improvements, among other public infrastructure improvements in the Project Area. It is not anticipated that the Project will have an adverse impact on City services, but instead will generate additional revenue providing support for those services.

24-d

Employment within the Redevelopment Project Area: It is not anticipated that the Project will have an adverse impact on employers and employees of firms locating or expanding within the boundaries of the area of the Project. The business that was operated in the Project Area has closed, resulting in a loss of jobs but for the Project. It is anticipated that the construction of a hotel as well as retail space on the Project Site will result in the creation of an estimated 30 to 40 jobs, although the number created will depend in large part on the types of businesses that are operated by the tenants that lease the retail space. In addition, the hotel constructed as a part of the Project will provide support for the existing business communities along the 48th and “O” Street corridors by creating additional accommodations for employees travelling on business to the 48th and “O” Street Redevelopment Area. Hotel guests will also likely patronize existing businesses in the area. Employment in the City outside the Redevelopment Project Area: The Project is not expected to adversely affect employment in the City outside the 48th and “O” Street Redevelopment Area. Instead, the removal of blight and substandard conditions from the Project Site and the 48th and “O” Street Redevelopment Area is anticipated to strengthen the 48th and “O” Street Redevelopment Area as a center of commerce within the City of Lincoln. It is anticipated that the Project will attract further commercial and retail development, which will create additional jobs in the 48th and “O” Street Redevelopment Area and the City of Lincoln as a whole. The Project should increase the need for services and products from existing businesses in and around the 48th and “O” Street Redevelopment Area.

Other Impacts:

Redevelopment of the Project Site will help prevent further commercial disinvestment in the 48th and “O” Street Redevelopment Area, effectively eliminating and preventing a recurrence of blight and substandard conditions. The Project is consistent with LPlan 2040 and the 48th and “O” Street Redevelopment Plan. The Project should have a positive impact on private sector businesses in the 48th and “O” Street Redevelopment Area and in the City. The Project will strengthen the Redevelopment Area as a center of commerce, which will attract additional private investment in and around the Area. In furtherance of the goals of the 48th and “O” Street Redevelopment Plan, the Project will involve development of a mix of uses, both retail and hospitality, that are supportive of existing businesses within the 48th and “O” street corridors. While the use of tax increment financing will defer receipt of a majority of the incremental ad valorem real property taxes generated by the Project for up to 15 years, there will be additional revenue generated by the Project from, for example, sales taxes generated by guests of the hotel constructed as part of the Project, who will purchase products and services during their stay in the City of Lincoln. Upon completion of the 15 year TIF period, the Project will benefit the community through higher property tax revenue.  

   

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Activities by Sub-Project Areas  

The redevelopment activities within each sub-project area are listed in Table 1, below.

Table 1: Redevelopment Activities within Sub-Project Areas Activity Sub-Project Area

Streets and Alleys Completion of 50th Street gap, north of “O” Street Identify access points and close/consolidate drives Dedicate and build public alleys

B

A, B A, B

Sidewalk Repair and Replacement A, B Public Transportation Opportunities A, B Pedestrian/Bicycle Trails A, B Streetscape Beautification A, B Public Utilities

Analysis of and improvements to stormwater sewers, sanitary sewers and water system

Improvements identified in Wastewater TV inspection program Evaluate water mains for firefighting and service needs; identify need for main

extensions and abandonments Abandon services to existing buildings, sewer and wastewater Replace water mains west of 48th and “O” with street widening project Construct solution to stormwater issues north of “O”

A, B

A, B A, B

A, B A, B A, B

Commercial, Mixed-Use Activities South of “O” North of “O”

A B

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25

Exhibit 10 is a Proposed Future Land Use map for the Redevelopment Area. The over-all population density of the Redevelopment Area will generally remain stable.However, If multi-family housing is constructed, density could increase. Land coverageand building density will increase.

Public improvements and redevelopment activities may require construction ease-ments; vacation of street and alley rights-of-way; temporary and permanent relocationof families, individuals and businesses; demolition, disposal/sale of property; and sitepreparation (may include driveway easements; paving driveways, approaches and side-walks outside property line; relocation of overhead utility lines; and rerouting/upgradingof underground utilities; as needed). The processes for these activities include:

StudyBoundary

Exhibit 10: Future Land Use

North

Redevelopment Process

Future Land Use

Property Acquisition The City may acquire the necessary fees,easements, property and covenantsthrough voluntary negotiations (see LandAcquisition Policy Statement, Appendix A).However, if voluntary agreement is not pos-sible, the City may institute eminent domainproceedings. Relocation Relocation may involve the temporary orpermanent relocation of families, individu-als or businesses to complete redevelop-ment activities. Relocation will be com-pleted according to local, state and federalrelocation regulations (see Appendix B,Relocation Assistance). Demolition Demolition will include clearing sites onproperty proposed for public improve-ments; necessary capping, removal orreplacing utilities; site preparation; secur-ing insurance and bonds; and taking othernecessary measures to protect citizensand surrounding properties. Measures tomitigate environmental findings may alsobe necessary, if determined by site test-ing.Redevelopment/Land DispositionAgreement Sub-area projects will include the sale ofland to private developers for redevelop-ment purposes. Developers will be select-ed in an equitable, open and competitiveproposal process using the City's standardselection processes. After the redevelop-er is selected and the city and redevelop-er have created a mutually agreeable pro-posal, they will enter into a formal agree-

Mixed Use Land Use

26

ment. This agreement will specify each party's specific roles and obligations in theimplementation of the project. The negotiated Redevelopment/Land Disposition agree-ment will be subject to public hearing and review and final approval by the City Council.It is anticipated the redevelopment would be able to proceed within 12-18 months ofthe final selection of a redeveloper. Requests for Proposals Architects and engineers will follow the City's standard selection processes to designthe public facilities and improvements. Primary contractors will also be competitivelyselected. The selection process involves issuing a Request for Proposals (RFP).Standard City practices are used for the selection process.

Preliminary estimates of project costs are included in Table 2 and are estimated to be$41,395,000 over 15 years, including public and private expenditures.

The 2025 Lincoln City/Lancaster County Comprehensive Plan (Adopted May 28/29,2002 As Amended through August 10, 2004) represents the local objectives, goals andpolicies of the City of Lincoln. The 48th and "O" Redevelopment Plan was developedto be consistent with the Comprehensive Plan.

The primary burden for revitalization of the Redevelopment Area must be on the privatesector. The City must provide public services and public improvements and participate

Estimated Expenditures

Activity Private SectorExpenditures

Public SectorExpenditures

Streets and Alleys $200,000

Sidewalk Repair/Replacement $ 70,000

PublicTransportation $7,500

StreetscapeBeautification $900,000

Public Utilities $217,500

CommercialActivities $40,000,000

Subtotal $40,000,000 $1,395,000

Table 2: Project Expenditure Summary

Total Private and Public Expenditures: $ 41,395,000

Conformance With Comprehensive Plan

Financing

where necessary in the redevelopmentprocess, but the needs of the area arebeyond the City's capacity to do alone.Financing of proposed improvements willrequire participation by both the privateand public sectors. Where appropriate,the City may participate by providingfinancial assistance for the rehabilitation ofstructures. The development of new com-plexes and the reuse of existing structureswill be the responsibility of the private sec-tor. Sources of funding may include:1. Special Assessments - Business

Improvement Districts2. Private Contributions3. Sale of Land Proceeds (Proceeds

from the sale of land acquired forredevelopment, as identified in theRedevelopment Plan, shall be rein-vested in the Redevelopment Area).

4. Municipal InfrastructureRedevelopment Fund (MIRF)

5. Community Development Block Grants6. Home Investment Partnership Act

(HOME)7. HUD Section 108 Loan Program

27

8. Community Improvement (Tax Increment) Financing (Ad Valorem Tax)9. Capital Improvements Program Budget10. Federal and State Grants11. Interest Income12. Advance Land Acquisition Fund - property rights/easements, public facility site

acquisition.13. Brownfields funding

Project activities will be undertaken subject to the limit and source of funding authorizedand approved by the Mayor and City Council.

According to the Community Development Law, any ad valorem tax levied upon realproperty in the redevelopment project for the benefit of any public body shall be divid-ed, for a period not to exceed 15 years after the effective date of such provision, by thegoverning body as follows:

• That portion of the ad valorem tax which is produced by the levy at the rate fixedeach year by or for each such public body upon the redevelopment project valua-tion shall be paid into the funds of each such public body in the same proportion asare all other taxes collected by or for the body; and

• That portion of the ad valorem tax on real property in the redevelopment project inexcess of such amount, if any, shall be allocated to and, when collected, paid into aspecial fund of the authority to be used solely to pay the principal of, the interest on,and any premiums due in connection with the bonds of, loans, notes, or advancesof money to, or indebtedness incurred by, whether funded, refunded, assumed, orotherwise, such authority for financing or refinancing, in whole or in part, the rede-velopment project. When such bonds, loans, notes, advances of money, or indebt-edness, including interest and premiums due, have been paid, the authority shall sonotify the county assessor and county treasurer and all ad valorem taxes upon tax-able real property in such a redevelopment project shall be paid into the funds ofthe respective public bodies.

The effective date for the Community Improvement Financing provisions of The 48thand "O" Street Redevelopment Plan for each Sub Project is declared to be the daterehabilitation, acquisition, or redevelopment of substandard and blighted property in thesub-project area first commences.

Impact FeesImpact Fees Redevelopment will be subject to impact fees. However, since buildingswill likely be demolished, Lincoln Municipal Code §27.82.050 (7) states:

In the case of a demolition or termination of an existing use or structure, theimpact fee for future redevelopment of that site shall be based upon the netincrease in the impact fee for the new or proposed land use as compared to theprevious use. Credit for the prior use shall not be transferable to another loca-tion, except that if the old location was acquired by the City for use for an ImpactFee Facility and will not be redeveloped, the City will receive a credit againstfuture impact fees equal to the impact fee that would have been assessed againstthe relocated use which may be transferred by the City to a community redevel-opment project in another location within the same benefit area.

28

Appendix ALand Acquisition Policy Statement

A-1

A-2

LAND ACQUISITION POLICY STATEMENTI. ADMINISTRATIVE ORGANIZATION FOR LAND ACQUISITION OPERATIONS

A. All land acquisition functions, including negotiations and closings, will be performed by the City ofLincoln, or its agents. The conduction of condemnations will be performed by the Legal Counsel forthe City. The staff is experienced and capable in the conduct of acquisition programs.

B. The City of Lincoln approved land acquisition policies and procedures within the limits prescribed bythe statutes of the State of Nebraska. Each individual property purchase, and the disbursement ofpayment, therefore, is approved by the Mayor. Condemnation proceedings are instituted by the CityLaw Department only after all efforts to reach a negotiated settlement have failed. Legal services willbe performed by the Legal Counsel for the City.

II. POLICIESA. Real Estate appraisals are made by staff or selected fee appraisers. Second real estate appraisals, if

required, may also be by fee appraisers.The following are policies for Real Property Acquisition:1. Every reasonable effort will be made to expeditiously acquire real property by negotiation.2. Real property will have separate appraisals before initiation of negotiations and the owner, or his

representative, will be given the opportunity to accompany the appraisers on their inspection tourof the property.

3. Before initiation of negotiations for real property, the City's Reviewing Appraiser will establish anamount considered to be just compensation and the City shall make prompt effort to acquire theproperty for that amount.a. The established amount shall not be less than the approved appraisal of fair market value for

the property.b. Any decrease or increase in the fair market value of the property, prior to the date of valuation,

caused by public improvement; by physical deterioration within reasonable control of the owner,has been disregarded by the City and by the Appraisers in making the determination of fairmarket value.

c. The City's negotiator shall provide the owner with a written statement summarizing the basis forthe amount established as just compensation. Where appropriate, compensation for propertyacquired and for damages to any remaining real property shall be separately stated.

4. No owner shall be required to surrender possession until the City of Lincoln pays the agreed pur-chase price, or deposits with the Court the amount of award determined by the CondemnationAppraisers.

5. Improvements will be scheduled so the owner or tenant shall receive a minimum 90 days writtennotice before having to move. Every effort will be made by the City to provide such notice as isrequired without undue hardship to the owner or tenant. (This is applicable to total acquisition ofproperty.)

6. If Owner or Tenant is permitted to rent property, the amount of rent shall not exceed fair rentalvalue of subject property.

7. The City of Lincoln will not take any action coercive in nature to compel an agreement on price forproperty.

8. If acquisition must be by eminent domain, the City of Lincoln shall institute formal condemnationproceedings. The City shall not intentionally make it necessary for the owner to institute legal pro-ceedings to prove fact of taking of his real property.

9. If the owner feels the City of Lincoln's offer does not represent the true value of his property, he

A-3

may refuse to accept it. He should then provide evidence concerning value, or damage, that war-rants a change in the City's determination of just compensation. Should the City determine theadditional information is valid, the price will be adjusted accordingly.

10. If as a result of the real estate acquisition there is a portion of your property which is considered bythe City of Lincoln to be an uneconomic remnant, you have the right to request an offer from theCity of Lincoln to acquire the remnant.

B. Owner will be reimbursed for the following expenses incidental to conveyance of real property:1. Recording fee, transfer taxes and similar expenses.2. Penalty cost for repayment of any pre-existing recorded mortgage encumbering real property, pro-

vided the mortgage was entered into in good faith.3. Pro-rate portion of real property taxes paid which are allocable to a period subsequent to date of

vesting title, or effective date of possession, whichever is earlier.4. The cost of abstract continuation and/or evidence of assurance of title.5. Litigation expenses such as legal, appraisal, engineering fees, etc., when:

a. Court determines that condemnation was unauthorized.b. City of Lincoln abandons a condemnation.c. Property owner brings inverse condemnation action and obtains award of compensation.

C. If a separate fixture appraisal is obtained, it shall contain the following immovable fixtures and personalproperty:1. Determination of division of appraisal coverage, enumerating and classifying improvements in-

place.2. Appraisal of improvable fixtures, correlating their findings with both real estate appraisers.

D. All appraisal contracts shall provide terms and conditions and fix the compensation for expert witness-es. These services will be utilized by the City of Lincoln to the extent necessary.

E. Both real estate acquisition appraisals and immovable fixture appraisals will be reviewed by the CityAppraisal Staff. All appraisals will be reasonable free of error and conferences with appraisers willascertain that methods of approach and documentation are compatible, with no elements of valuebeing omitted from consideration. City staff will conduct relocation interviews to verify ownership ofcertain fixtures and personal property claimed. Said claims will then be checked against existing leas-es and through interviews with fee owners.

F. Preparation for acquisition includes:1. Preliminary title information supplied by local abstract companies; contents reviewed and entered

in individual parcel folios.2. Individual parcel folios prepared; chronological activity indexed and all pertinent historical informa-

tion entered.3. Basic forms of Real Estate Agreement (real estate, personal property and fixtures) reflecting policy

for negotiations to acquire all classifications of property.4. Closing methods and policy determined.5. Policy for possession, property management, salvage and demolition, timetable of activities pre-

pared.6. Closing statement form prepared together with such internal administration forms for notice to vari-

ous units of inspection, accounting, property management, finance and legal counsel as may berequired.

7. Information letters prepared for distribution to all owners and tenants.8. Deed forms for conveyance of real estate, bill of sale forms for personal property, and condemna-

tion forms for eminent domain procedure prepared.

A-4

(NOTE: Paragraphs G, H, and portions of I cover items of notice, relocation assistance, etc., relating to totalproperty acquisitions as well as general policies.)

G. The "single offer" system for acquisition will be utilized in all negotiations. The City will establish fairmarket value and be prepared to justify and substantiate the determination in the event it is chal-lenged. Staff will present and explain forms, terms and conditions of purchase in personal interviewswith each property owner and tenants. The date of this interview will establish the beginning of negoti-ations which regulates many relocation payments.For the purpose of all negotiated transactions, the City will require conveyance of real estate byWarranty Deed or deed instrument sufficient to place marketable title in the City of Lincoln. Standardforms of such instruments conforming to Nebraska Law are on hand and will be used in every case.Each owner executing a Real Estate Agreement should furnish a current abstract of title as specified insaid offer. Legal Counsel for the City will render an opinion of the condition of said title, and upondetermination that in his opinion said title appears merchantable, will assist with the closing process.Title to all property will be vested in the City of Lincoln on the date of closing, which will also be thedate of payment of the purchase price and the date of conveyance instruments. The City of Lincolnshall have the right to possession within 90 days of closing date, (or 90 days from date of writtennotice if later than closing date), or as provided in the Real Estate Agreement. A statement by aresponsible City Official, resulting from an inspection of the property acquired, will be contained ineach acquisition folio. This statement will precede payment and closing and must determine that allproperty purchased is present and in place in substantially the condition as of the date appraised.

H. Immovable items attached to the Real Property, that would incur substantial economic damage ifremoved, will be negotiated for and acquired at the appraised value-in-place for continued use in thepresent location. A "Single Offer" at the maximum price will be offered the owner of such property, butif the owner elects to move any such appraised item it will be relocated rather than acquired and theappraised amount deducted. Until the business to be displaced has definitely located a relocation site,it is almost impossible to determine whether certain process fixtures can be relocated or should beacquired by the City of Lincoln. When such fixtures have been acquired, paid for, and a bill of saleconveyed, and the seller then finds it would have been desirable to have relocated them, it shall be theCity of Lincoln's policy to reconvey such items to the original owner in return for the exact amount ofvalue-in-place price paid for them, and then pay for their relocation. Under no circumstances will fix-tures sold back to the original owner by the City of Lincoln be at salvage value, or any amount lessthan that paid for them. Generally, the terms and conditions of existing leases and pre-acquisitionconferences with owners and tenants by all appraisers and City Staff will have clarified ownership.

NOTE: Process utilities that are service entrances and concealed utilities are ineligible for compen-sation as relocation expenses and will be treated as immovable fixtures. The utilities listed by thefixture appraiser as "Eligible for Relocation" formerly would have been compensated in relocationfor those items. Therefore, process utilities are appraised even though eligible for relocation com-pensation. However, the claimant may still enter a claim for payment for replacement of those eli-gible utilities at the new location providing the appraised value-in-place of the claimed utilities isdeducted from the relocation claim.Immovable fixtures and process utilities not appraised will be handled through the direct loss ofproperty process. It is expected that claims for severance damages caused by partial taking willbe minimal.All fixtures and improvements appraised and acquired become the property of the City of Lincolnas clarified in the Real Estate Agreement and may not be removed by any other than authorizedpersonnel or the demolition contractor.

A-5

I. Upon thoroughly exhausting every avenue of negotiation available, the City of Lincoln will direct theirLegal Counsel to prepare for the appropriation of all property to be acquired through eminent domainproceedings. Such petitions will be drafted by the Legal Counsel clearly defining the property to beacquired and the ownership thereof, land, improvements, immovable and movable property (if any)located therein, with such particularity that the petitions and the resulting action of the condemnationappraisers, or district court appeals, will clearly establish such ownership and rights to compensation.Owner-Occupants of dwelling units that may be eligible for the Replacement Housing Payment will bemade aware that the award received through eminent domain proceedings (excluding interest thereon,or consequential damages), determined by the condemnation appraisers, or by District Court willbecome the basis for any Replacement Housing Payment to be claimed. Immediately precedingpreparation of petitions, preliminary title information will be updated. Fee appraisals and fixtureappraisals will be reviewed.To the extent necessary, a reinspection of each property to be condemned will be conducted by theappraisers to determine that the property, on the date of taking, is in substantially the same conditionas it was on the date of their original appraisal and that their opinions of value, therefore, hold true asof the date of taking. Each appraiser's testimony may then be presented to the condemnation apprais-ers and, in case an appeal is filed, to the District Court.The City of Lincoln will not require any owner to surrender the right to possession of his property untilthe City pays or causes to be paid, to the Lancaster County Court the amount due each interestacquired for the taking thereof as determined by the condemnation. Immediately following the deter-mination of the amount of the condemnation award for the property, or each separate interest thereintaken, the City will direct that payment to be made in an amount equal to the City's offer by theissuance of warrants drawn in favor of those entitled thereto to the County Court of Lancaster County,Nebraska, for payment of the condemnation appraiser's fees connected with the taking. Uponapproval of the City's Legal Counsel, such warrants shall be deposited with the County Court and willrepresent full compensation for the property taken, subject to appeal to District Court. In any event,title to the property rests with the City of Lincoln as of the date of payment of the condemnation award,as does the right to possession thereof within 90 days of said date, provided compensation due hasbeen paid as prescribed and proper notice given.Nebraska statutes provide a 30-day period from the award of condemnation during which an appealcan be filed by either party. Acceptance of the award deposited with the County Court extinguishesthe right of appeal as to that particular party. In the event an award is not claimed and no appeal isfiled during the statutory period, the right to appeal is barred and the County Judge immediately caus-es the condemnation papers to be recorded in the records and transfer books of Lancaster County,Nebraska.In case an appeal is filed, the County Judge forwards copies of all pertinent papers to the Clerk ofDistrict Court for subsequent trial and determination of the damages in the condemnation appealedfrom. At that point, the City of Lincoln, with or without the consent of condemnee, may petition theDistrict Court to order payment immediately of the award appealed from, thereby reducing interestcosts on the award while the case is being prepared and subjected to trial.Although title and right to possession is vested in the City of Lincoln as of the date of payment of thecondemnation award, no lawful occupant of property taken will be required to surrender possessionwithout at least 90 days written notice (a separate notice in addition to the notice of condemnation)from the City of Lincoln stating the date on which possession will be required. Terms and conditionsfor temporary rental of condemned property for owner-occupants and tenants are detailed in the proj-ect property management policy.District Court trial of all condemnation awards appealed will be defended by the City of Lincoln's LegalCounsel utilizing the services of contract appraisers as expert witnesses for the City. Compensationfor witness services is provided for in existing appraisal contracts. After condemnation suits, awardsand appeals therefrom have been filed, agreements as to value may be entered into by stipulation.Appeal cases will be diligently prosecuted to bring the case to trial and judgment in the shortest time

A-6

possible and necessary for the preparation of an adequate defense. In this manner, and with the courtdirected partial payments of awards outlined previously, interest and court costs will be held to a mini-mum level.In most instances, the sale of privately-owned property to the City of Lincoln for public purposes isconsidered "involuntary conversion" by the Internal Revenue Service, and the owner may not have topay capital gains tax on any profit from the sale of the property to the City of Lincoln, if the money isreinvested in similar property within two years. Internal Revenue Service Publication 549, entitled"Condemnations of Private Property for Public Use", is available from the IRS. It explains how the fed-eral income tax applies to gains or loses resulting from the condemnation of property, or its sale underthe threat of condemnation, for public purposes. IRS Publication 17, "Your Federal Income Tax", avail-able from the IRS contains similar guidance. The owner is advised to discuss his particular circum-stances with his personal tax advisor or local IRS office. State income tax considerations should alsobe discussed as appropriate.

A-7

A-8

Appendix BRelocation Assistance

B-1

B-2

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ysm

all p

erce

ntag

e of

the

popu

latio

n fo

rth

e gr

eate

r goo

d of

the

who

le.

If yo

u ar

e re

quire

d to

mov

e as

the

resu

lt of

a p

ublic

ly-fi

nanc

ed c

onst

ruc-

tion

proj

ect,

you

may

be

elig

ible

for

relo

catio

n as

sist

ance

, adv

isor

y se

rvic

esan

d pa

ymen

ts p

rovi

ded

by fe

dera

l and

stat

e la

w.

It is

the

polic

y of

fede

ral a

nd s

tate

gov

-er

nmen

t tha

t dis

plac

ed p

erso

ns s

hall

rece

ive

fair

and

hum

ane

treat

-m

ent,

and

shal

l not

suf

fer u

nnec

essa

rily

as a

resu

lt of

pro

gram

sde

sign

ed fo

r the

ben

efit

of th

e pu

blic

as

a w

hole

.Th

is b

roch

ure

cont

ains

onl

y ge

nera

l inf

orm

atio

n de

sign

ed to

acq

uain

tyo

u w

ith a

vaila

ble

relo

catio

n se

rvic

es a

nd b

enef

its.

The

relo

catio

nag

ent f

rom

the

City

of L

inco

ln w

ill b

e ha

ppy

to e

xpla

in th

em in

det

ail.

MOV

ING

VAN

City

of L

inco

lnH

ousi

ng R

ehab

ilita

tion

& R

eal E

stat

e D

ivis

ion

808

PSt

reet

, Sui

te 4

00Li

ncol

n, N

E 6

8508

402-

441-

7569

4

02-4

41-8

617

urba

ndev

@ci

.linc

oln.

ne.u

s

Tabl

e of

Con

tent

sTh

e B

asic

Ste

ps .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .1

Impo

rtant

Def

initi

ons

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .2

Rel

ocat

ion

Ass

ista

nce

Adv

isor

y S

ervi

ces

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.3R

esid

entia

l Mov

ing

Pay

men

ts .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .4

Mov

ing

Cos

t Sch

edul

e .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .5

Rep

lace

men

t Hou

sing

Pay

men

ts .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .5

Ow

ner O

ccup

ants

of 1

80 D

ays

or M

ore

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .7

Pur

chas

e S

uppl

emen

t .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .7

Rei

mbu

rsem

ent f

or O

ther

Cos

ts .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.8In

crea

sed

Inte

rest

Cos

t .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.9In

cide

ntal

Exp

ense

s .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.9P

rope

rty T

ax In

crea

se .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .9

Ow

ner O

ccup

ants

and

Ten

ants

of 9

0 D

ays

or M

ore

. . .

. . .

. . .

. . .

. . .

.10

Ow

ner O

ccup

ants

of 9

0 - 1

79 D

ays

& T

enan

ts o

f 90

Day

s or

Mor

e . .

. .1

2N

on-R

esid

entia

l Mov

ing

Cos

t Rei

mbu

rsem

ents

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.13

Mov

ing

Exp

ense

s .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .14

Sea

rchi

ng E

xpen

ses

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.14

Act

ual D

irect

Los

s of

Tan

gibl

e P

erso

nal P

rope

rty .

. . .

. . .

. . .

. . .

. . .

. .15

Re-

esta

blis

hmen

t Exp

ense

s .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .1

5In

elig

ible

Exp

ense

s .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

.16

Fixe

d P

aym

ent

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .1

6Yo

ur R

ight

of A

ppea

l . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. .1

7M

isce

llane

ous

Info

rmat

ion

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

18

B-3

8.O

wne

rshi

p of

the

prop

erty

will

tran

sfer

to th

e ac

quiri

ng a

genc

y,ei

ther

thro

ugh

agre

emen

t or b

y em

inen

t dom

ain

proc

edur

es.

(Ifyo

u ar

e st

ill in

occ

upan

cy, y

ou w

ill n

ow p

ay y

our r

ent t

o th

eag

ency

.)9.

Adv

ance

relo

catio

n pa

ymen

ts w

ill b

e re

adie

d, if

nec

essa

ry.

10.

Mov

e to

the

repl

acem

ent.

11.

Fina

l rel

ocat

ion

paym

ents

will

be

mad

e.

Impo

rtan

t Def

initi

ons

Acq

uirin

g A

genc

y Th

is c

an b

e th

e C

ity o

f Li

ncol

n, N

ebra

ska

or a

nyot

her

coun

ty, m

unic

ipal

or

polit

ical

sub

divi

sion

of t

he S

tate

of N

ebra

ska

havi

ng th

e au

thor

ity to

acq

uire

priv

ate

prop

erty

for p

ublic

use

. Th

e re

lo-

catio

n pr

ogra

m f

or t

he C

ity o

f Li

ncol

n’s

proj

ects

is a

dmin

iste

red

by t

heH

ousi

ng R

ehab

ilita

tion

& R

eal E

stat

e D

ivis

ion

of th

e U

rban

Dev

elop

men

tD

epar

tmen

t. P

oliti

cal s

ubdi

visi

ons

may

adm

inis

ter t

heir

own

prog

ram

s or

may

con

tract

for t

hat s

ervi

ce.

Bus

ines

sA

ny la

wfu

l act

ivity

, exc

ept a

farm

ope

ratio

n, c

ondu

cted

prim

a-ril

y fo

r: th

e pu

rcha

se, s

ale,

leas

e an

d re

ntal

of p

erso

nal a

nd re

al p

rope

r-ty

; or f

or th

e m

anuf

actu

re, p

roce

ssin

g, o

r mar

ketin

g of

an

artic

le o

f com

-m

erce

; or

for

the

sale

of s

ervi

ces

to th

e pu

blic

; or

for

an o

utdo

or a

dver

-tis

ing

disp

lay

whe

n fo

rced

to m

ove.

Dis

plac

ed P

erso

nA

ny in

divi

dual

, fam

ily, b

usin

ess,

farm

or a

ssoc

iatio

nth

at m

oves

from

real

pro

perty

or m

oves

thei

r per

sona

l pro

perty

from

real

prop

erty

as

a re

sult

of a

ctio

ns b

y a

gove

rnm

enta

l age

ncy.

Th

is c

an b

eas

a d

irect

resu

lt of

: a

writ

ten

notic

e of

inte

nt to

acq

uire

, the

neg

otia

tions

for t

he a

cqui

sitio

n of

, or t

he re

habi

litat

ion

or d

emol

ition

of s

uch

real

pro

p-er

ty.

Fam

ilyTw

o or

mor

e in

divi

dual

s liv

ing

toge

ther

in a

sin

gle

fam

ily d

wel

ling

unit,

eith

er re

late

d or

by

mut

ual c

onse

nt.

Farm

The

term

“far

m o

pera

tion”

mea

ns a

ny a

ctiv

ity c

ondu

cted

sol

ely

orpr

imar

ily fo

r the

pro

duct

ion

of o

ne o

r mor

e ag

ricul

tura

l pro

duct

s or

com

-m

oditi

es, i

nclu

ding

tim

ber,

for

sale

and

hom

e us

e, a

nd c

usto

mar

ily p

ro-

duci

ng s

uch

prod

ucts

or c

omm

oditi

es in

suf

ficie

nt q

uant

ity to

be

capa

ble

of c

ontri

butin

g m

ater

ially

to th

e op

erat

or’s

sup

port.

Initi

atio

n of

Neg

otia

tions

This

term

mea

ns th

e da

te th

e C

ity o

f Lin

coln

deliv

ers

to th

e ow

ner o

f the

real

pro

perty

a w

ritte

n of

fer f

or th

e pu

rcha

seof

pro

perty

, or a

not

ice

of it

s in

tent

to a

cqui

re s

uch

real

pro

perty

.Sm

all B

usin

ess

Abu

sine

ss h

avin

g at

leas

t one

, but

not

mor

e th

an 5

00em

ploy

ees

wor

king

at t

he s

ite b

eing

acq

uire

d by

the

City

of L

inco

ln.

2

B-4

Rel

ocat

ion

Ass

ista

nce

Adv

isor

y Se

rvic

esA

ny p

erso

n, fa

mily

, bus

ines

s or

farm

dis

plac

ed b

y a

proj

ect s

hall

beof

fere

d re

loca

tion

assi

stan

ce s

ervi

ces

for t

he p

urpo

se o

f loc

atin

g a

suita

ble

repl

acem

ent p

rope

rty.

Rel

ocat

ion

serv

ices

are

pro

vide

d by

qual

ified

per

sonn

el e

mpl

oyed

by

the

City

of L

inco

ln. I

t is

thei

r goa

l and

desi

re to

be

of s

ervi

ce to

you

, and

ass

ist i

n an

y w

ay p

ossi

ble

to h

elp

you

succ

essf

ully

relo

cate

.Yo

ur re

loca

tion

agen

t will

pro

vide

you

with

ass

ista

nce

suffi

cien

t to

mee

t you

r nee

ds.

You

will

be

assi

sted

in c

ompl

etin

g ap

plic

atio

nan

d cl

aim

form

s fo

r pay

men

ts a

ndal

l rel

evan

t fin

anci

al in

form

atio

nco

ncer

ning

repl

acem

ent h

ousi

ngw

ill b

e ex

plai

ned.

Eve

ry d

ispl

aced

pers

on w

ill b

e of

fere

d as

sist

ance

inor

der t

o m

inim

ize

hard

ship

s en

coun

tere

d in

sea

rchi

ng fo

r and

loca

ting

a de

cent

, saf

e, a

nd s

anita

ry re

plac

emen

t pro

perty

. Th

is in

clud

estra

nspo

rtatio

n to

insp

ect h

ousi

ng w

hich

we

have

refe

rred

to y

ou, i

f you

need

it.

If yo

u ha

ve a

spe

cial

pro

blem

, you

r age

nt w

ill m

ake

ever

y ef

fort

tose

cure

the

serv

ices

of o

ther

pub

lic a

nd p

rivat

e ag

enci

es in

you

r com

-m

unity

whi

ch a

re e

quip

ped

to h

elp

you.

So

plea

se m

ake

your

nee

dskn

own

to y

our a

gent

. If

the

agen

t can

’t pe

rson

ally

hel

p yo

u w

ith a

spec

ific

prob

lem

, per

haps

he

or s

he c

an fi

nd s

omeo

ne w

ho c

an h

elp.

No

one

will

be

requ

ired

to m

ove

from

thei

r exi

stin

g dw

ellin

g fo

r at l

east

90 d

ays

afte

r a d

ecen

t, sa

fe a

nd s

anita

ry re

plac

emen

t dw

ellin

g ha

sbe

en m

ade

avai

labl

e to

them

. If

dece

nt, s

afe

and

sani

tary

hou

sing

isno

t ava

ilabl

e, th

e C

ity o

f Lin

coln

will

take

wha

teve

r ste

ps a

re n

eces

-sa

ry to

pro

vide

hou

sing

thro

ugh

thei

r Las

t Res

ort H

ousi

ng m

etho

ds.

Rem

embe

r - y

our a

gent

is th

ere

to h

elp

and

advi

se y

ou; b

e su

re to

mak

e fu

ll us

e of

thei

r ser

vice

s. D

on’t

hesi

tate

to a

sk q

uest

ions

, and

be s

ure

you

unde

rsta

nd fu

lly a

ll of

you

r rig

hts

and

relo

catio

n be

nefit

s.D

o no

t mov

e un

til y

ou h

ave

cont

acte

d yo

ur r

eloc

atio

n ag

ent o

rar

e gi

ven

an o

ffici

al n

otic

e to

vac

ate

the

prem

ises

.

3

4

Res

iden

tial M

ovin

g Pa

ymen

ts

Dis

plac

ed in

divi

dual

s an

d fa

mili

es m

ay c

hoos

e to

be

paid

on

the

basi

sof

act

ual,

reas

onab

le m

ovin

g co

sts

and

rela

ted

expe

nses

, or a

ccor

ding

to a

fixe

d m

ovin

g co

st s

ched

ule.

How

ever

, to

assu

re y

our e

ligib

ility

and

prom

pt p

aym

ent o

f mov

ing

expe

nses

, you

sho

uld

cont

act t

he re

lo-

catio

n ag

ent f

rom

the

City

of L

inco

ln b

efor

e yo

u m

ove.

You

can

choo

se fr

om e

ither

:

Com

mer

cial

Mov

e1.

You

hire

the

mov

er.

2.Yo

u pa

y th

e bi

lls.

3.W

e re

imbu

rse

you.

OR

Mov

e Yo

urse

lf1.

Am

ount

is b

ased

on

num

ber o

f roo

ms

(see

Mov

ing

Cos

t Sch

edul

e).

2.N

o re

ceip

ts re

quire

d.If

you

hire

a c

omm

erci

al m

over

, act

ual r

easo

n-ab

le m

ovin

g ex

pens

esm

ay b

e re

imbu

rsed

.C

erta

in o

ther

exp

ense

s ar

e al

so re

imbu

rsab

le if

the

City

of

Linc

oln

dete

rmin

es t

hat

such

cos

tsar

e ne

cess

ary,

suc

h as

tran

spor

tatio

n co

sts

to th

e ne

w lo

catio

n, te

mpo

-ra

ry q

uarte

rs, s

tora

ge o

f per

sona

l pro

perty

, ins

uran

ce c

osts

whi

le p

er-

sona

l pro

perty

is in

sto

rage

or t

rans

it, re

conn

ectio

n of

util

ities

, and

oth

erre

late

d co

sts.

Yo

ur e

xpen

ses

mus

t be

rea

sona

ble

and

supp

orte

d by

rece

ipte

d bi

lls.

Rei

mbu

rsem

ent i

s al

so li

mite

d to

a 5

0-m

ile m

ovin

g di

s-ta

nce

in m

ost c

ases

. B

efor

e ta

king

this

opt

ion

you

mus

t sub

mit

to u

s at

leas

t tw

o co

mpe

titiv

e bi

ds fr

om q

ualif

ied

com

mer

cial

mov

ers.

If

you

mov

e yo

urse

lf, y

ou w

ill b

e pa

id o

n th

e ba

sis

of th

e m

ovin

g co

stsc

hedu

le.

Mov

ing

cost

sch

edul

es a

re p

repa

red

to p

rovi

de a

dequ

ate

reim

burs

emen

t for

you

r mov

ing

expe

nses

. Th

e am

ount

of t

he p

aym

ent i

sba

sed

on th

e nu

mbe

r of r

oom

s in

you

r dw

ellin

g. I

f you

cho

ose

this

opt

ion,

your

exp

ense

s ne

ed n

ot b

e su

ppor

ted

by re

ceip

ted

bills

. Und

er th

is o

ptio

nyo

u w

ill no

t be

elig

ible

for r

eim

burs

emen

t of r

elat

ed e

xpen

ses.

Per

sons

mov

ing

from

a ro

omin

g or

dor

mito

ry ty

pe s

ituat

ion,

and

who

have

a m

inim

al a

mou

nt o

f per

sona

l pos

sess

ions

, will

be li

mite

d to

a to

tal

mov

ing

paym

ent o

f $50

. Thi

s am

ount

als

o ap

plie

s to

any

one

who

sem

ove

is p

erfo

rmed

by

the

City

of L

inco

ln a

t no

cost

to th

e pe

rson

.

MIG

HTY

MO

VER

S

HANDL

E

WIT

H CA

RE

HANDL

E

WIT

H CA

RE

FRAGILE

B-5

5

Pres

ent

Dw

ellin

gR

epla

cem

ent

Dw

ellin

g

are

subs

tant

ially

the

sam

e

and

Mov

ing

Cos

t Sch

edul

eO

ccup

ant P

rovi

des

Furn

iture

Num

ber o

f Roo

ms

of F

urni

ture

Eac

h A

dd’l

12

34

56

78

Roo

m

$345

$485

$620

$760

$865

$965

$1,0

70$1

,175

$105

Occ

upan

t Doe

s N

ot P

rovi

de F

urni

ture

Firs

t Roo

mE

ach

Add

ition

al R

oom

$275

$35

Rep

lace

men

t Hou

sing

Paym

ents

Rep

lace

men

t Hou

sing

Pay

men

ts a

re to

com

pens

ate

the

disp

lace

d pe

r-so

n fo

r inc

reas

es in

hou

sing

cos

ts c

ause

d by

acq

uisi

tion

of th

eir

dwel

ling.

The

se p

aym

ents

repr

esen

t the

diff

eren

ce b

etw

een

the

acqu

i-si

tion

cost

of y

our p

rese

nt d

wel

ling

and

the

purc

hase

pric

e of

a c

om-

para

ble

dwel

ling

chos

en b

y th

e C

ity o

f Lin

coln

, or o

f the

repl

acem

ent

dwel

ling

you

occu

py, w

hich

ever

is le

ss. A

com

para

ble

repl

acem

ent

dwel

ling

mea

ns th

at y

our p

rese

nt d

wel

ling

and

your

repl

acem

ent

dwel

ling

are

subs

tant

ially

the

sam

e.

Aco

mpa

rabl

e re

plac

emen

t dw

ellin

g is

func

tiona

lly e

quiv

alen

t and

sub

-st

antia

lly th

e sa

me

as th

e or

igin

al d

wel

ling

acqu

ired,

rega

rdin

g th

enu

mbe

r of r

oom

s, a

rea

of li

ving

spa

ce, c

onst

ruct

ion,

age

and

con

di-

tion.

It m

ust b

e lo

cate

d in

an

area

with

com

para

ble

publ

ic u

tiliti

es,

publ

ic a

nd c

omm

erci

al fa

cilit

ies.

It m

ust b

e re

ason

ably

acc

essi

ble

toyo

ur p

lace

of e

mpl

oym

ent a

nd a

dequ

ate

to a

ccom

mod

ate

your

nee

ds.

6

It m

ust b

e lo

cate

d in

an

equa

l or b

ette

r nei

ghbo

rhoo

d an

d w

ithin

you

rfin

anci

al m

eans

. A

com

para

ble

repl

acem

ent d

wel

ling

mus

t als

o be

avai

labl

e on

the

open

mar

ket a

nd b

e fa

ir ho

usin

g, o

pen

to a

ll pe

rson

sre

gard

less

of r

ace,

col

or, r

elig

ion,

sex

or n

atio

nal o

rigin

. A

com

para

ble

repl

acem

ent d

wel

ling

mus

t als

o be

dec

ent,

safe

and

sani

tary

. Ofte

n re

ferr

ed to

a "D

SS

hou

sing

," de

cent

, saf

e an

d sa

nita

ryho

usin

g m

eets

all

of th

e m

inim

um re

quire

men

ts e

stab

lishe

d by

regu

la-

tion

and

conf

orm

s to

loca

l hou

sing

code

s an

d or

dina

nces

for e

xist

-in

g st

ruct

ures

.

The

kind

s of

Rep

lace

men

t Hou

sing

Pay

men

ts th

at y

ou m

ay b

e el

igib

lefo

r dep

ends

on

whe

ther

you

are

an

owne

r or t

enan

t and

how

long

you

have

live

d in

the

prop

erty

bei

ng a

cqui

red

prio

r to

nego

tiatio

ns. T

here

are

thre

e ca

tego

ries

of p

aym

ents

:O

Ow

ner

Occ

upan

ts o

f 180

Day

s or

Mor

eO

Ow

ner

Occ

upan

ts &

Ten

ants

of 9

0 D

ays

or M

ore,

and

OO

wne

r O

ccup

ants

of 9

0 - 1

79 D

ays

& T

enan

ts o

f 90

Day

s or

Mor

e.

KIT

CH

EN:

- H

ot &

Col

d W

ater

- S

ewag

e S

yste

m

- C

onne

ctio

ns fo

rSt

ove,

Ref

riger

ator

Suf

ficie

nt n

umbe

r of

room

s &

livi

ng a

rea

Vent

ilate

d

Ade

quat

e &

Saf

e

Ele

ctric

Sys

tem

Drin

king

Wat

er

Dry

Free

of P

estsAd

equa

te H

eat f

or 7

0N

BAT

HR

OO

M:

-W

ell-l

ight

ed-

Vent

ilate

d-

Hot

& C

old

Wat

er-

Bat

htub

or S

how

er-

Toile

t -

Priv

acy

Stru

ctur

ally

Sou

nd

For t

he H

andi

capp

ed: F

ree

ofan

y ba

rrie

rs w

hich

wou

ld p

reve

ntre

ason

albe

ingr

ess,

egr

ess

or u

se.

Saf

e,U

nobs

truct

edE

gres

s

Wea

ther

Tig

ht

In G

ood

Repa

ir

7

OO

wne

r O

ccup

ants

of 1

80 D

ays

or M

ore

Purc

hase

Sup

plem

ent

If yo

u ar

e an

ow

ner a

nd h

ave

occu

pied

you

r hom

e fo

r 180

day

s or

mor

e im

med

iate

ly p

rior t

o th

e in

itiat

ion

of n

egot

iatio

ns fo

r the

acq

uisi

-tio

n of

you

r pro

perty

, you

may

be

elig

ible

for a

pur

chas

e su

pple

men

t- i

n ad

ditio

n to

the

acqu

isiti

on p

rice

of y

our p

rope

rty. T

his

purc

hase

supp

lem

ent c

anno

t exc

eed

$22,

500

for a

ll co

sts

nece

ssar

y to

pur

-ch

ase

a co

mpa

rabl

e D

SS

repl

acem

ent d

wel

ling.

The

City

of L

inco

lnw

ill c

ompu

te th

e m

axim

um p

aym

ent y

ou a

re e

ligib

le to

rece

ive,

atte

mpt

ing

to b

alan

ce th

e sc

ale

illus

trate

d be

low

.To

qua

lify

for t

his

supp

lem

enta

l pay

men

t, yo

u m

ust p

urch

ase

and

occu

py a

DS

S re

plac

emen

t dw

ellin

g w

ithin

one

yea

r afte

r the

latte

r of:

1.th

e da

te y

ou re

ceiv

e fin

al p

aym

ent f

or th

e ac

quire

d dw

ellin

g or

,2.

in th

e ca

se o

f con

dem

natio

n, th

e da

te th

e re

quire

d am

ount

isde

posi

ted

in th

e co

urt.

For

Exam

ple.

..A

ssum

e th

at th

e C

ity o

f Lin

coln

pur

chas

ed y

our p

rope

rty fo

r $35

,000

.A

fter a

thor

ough

stu

dy o

f all

avai

labl

e de

cent

, saf

e an

d sa

nita

rydw

ellin

gs o

n th

e op

en m

arke

t com

para

ble

to y

our d

wel

ling,

the

City

of

Linc

oln

mad

e th

e de

term

inat

ion

that

a re

plac

emen

t pro

perty

will

cos

tyo

u $4

0,00

0. T

he C

ity w

ill p

ay y

ou a

max

imum

repl

acem

ent h

ousi

ngpa

ymen

t of $

5,00

0 if

you,

in fa

ct, p

urch

ase

a re

plac

emen

t pro

perty

cost

ing

$40,

000

or m

ore.

If y

our p

urch

ase

pric

e ex

ceed

s $4

0,00

0,yo

u m

ust p

ay th

e di

ffere

nce

in e

xces

s of

$5,

000.

For

exa

mpl

e, if

you

purc

hase

d a

repl

acem

ent p

rope

rty fo

r $42

,000

, you

wou

ld re

ceiv

e a

Selli

ngPr

ice

Plus

:Up

to$2

2,50

0 in

Add

ition

alA

llow

ance

s

Acq

uisi

tion

Pric

e

Orig

inal

Com

para

ble

...cu

rren

tly a

vaila

ble

on th

e m

arke

t...

not

less

than

180

days

prio

r ow

ners

hip

and

occu

panc

y

B-6

8

purc

hase

pay

men

t of $

5,00

0 an

d yo

u w

ould

pay

the

diffe

renc

e of

$2,0

00.

If yo

u pu

rcha

sed

a re

plac

emen

t pro

perty

for $

38,0

00, y

ouw

ould

rece

ive

a pa

ymen

t of o

nly

$3,0

00 o

n th

e ba

sis

of a

ctua

l cos

t.Yo

ur p

aym

ent c

anno

t exc

eed

actu

al c

ost d

iffer

ence

or t

he a

mou

ntde

term

ined

by

the

City

whi

chev

er is

less

.

Rei

mbu

rsem

ent f

or O

ther

Cos

tsTh

e C

ity o

f Lin

coln

will

als

o re

imbu

rse

you

for o

ther

cos

ts th

at m

ay b

ein

volv

ed in

the

purc

hase

of a

repl

acem

ent d

wel

ling.

How

ever

, you

rto

tal p

aym

ent,

incl

udin

g th

e pu

rcha

se s

uppl

emen

t, ca

nnot

exc

eed

$22,

500

acco

rdin

g to

the

law

. The

pur

chas

e su

pple

men

t and

oth

erin

cide

ntal

cos

ts a

re p

aym

ents

in a

dditi

on to

the

purc

hase

pric

e of

the

dwel

ling

acqu

ired

from

you

.It

is th

e in

tent

of t

he re

loca

tion

prog

ram

to c

ompe

nsat

e th

e di

spla

ced

pers

on fo

r the

ir ac

tual

relo

catio

n ex

pens

es. H

owev

er, t

hose

reim

-bu

rsem

ents

mus

t be

reas

onab

le a

nd s

houl

d no

t unf

airly

enr

ich

the

dis-

plac

ee. W

ith th

is in

min

d, h

ere

are

som

e of

the

item

s w

hich

will

be

reim

burs

ed, a

nd th

e co

nditi

ons

whi

ch m

ust b

e m

et fo

r doi

ng s

o.

Pur

chas

eP

rice

of$4

0,00

0

Plu

s:H

ousi

ngP

aym

ent o

f$5

,000

Acq

uisi

tion

Pric

e of

$35,

000

Orig

inal

Com

para

ble

...cu

rren

tly a

vaila

ble

onth

e m

arke

t...

not

less

than

180

days

prio

r ow

ners

hip

and

occu

panc

y

Purc

hase

Com

para

ble

Acq

uisi

tion

Max

imum

Pric

e of

Rep

lace

men

tPr

ice

of Y

our

Purc

hase

Rep

lace

men

tPr

oper

tyPr

oper

tySu

pple

men

t

$40,

000

$35,

000

$5,0

00$4

2,00

040

,000

35,0

005,

000

40,0

0040

,000

35,0

005,

000

38,0

0040

,000

35,0

003,

000

Pay

men

t will

be a

ny a

mou

ntup

to $

5,00

0di

ffere

nce,

base

d on

this

exam

ple.

$40,

000

Com

para

ble

9

PIn

crea

sed

Inte

rest

Cos

tP

erso

ns e

ligib

le fo

r thi

s pa

ymen

t mus

t hav

e ha

d a

mor

tgag

e on

the

acqu

ired

dwel

ling,

whi

ch w

as a

val

id li

en, f

or a

t lea

st 1

80 d

ays

prio

r to

the

initi

atio

n of

neg

otia

tions

.Th

is p

aym

ent,

whe

n ad

ded

to th

e do

wn

paym

ent o

n th

e re

plac

emen

t, is

desi

gned

to re

duce

a p

erso

n’s

repl

acem

ent m

ortg

age

to a

n am

ount

whi

chca

n be

am

ortiz

ed a

t the

sam

e m

onth

ly p

aym

ent,

for p

rinci

pal a

nd in

tere

st,

over

the

rem

aini

ng te

rm o

n th

e ol

d m

ortg

age,

or i

f les

s, th

e re

mai

ning

term

on

the

new

mor

tgag

e. T

his

proc

edur

e is

com

mon

ly k

now

n as

a“b

uydo

wn.

”Yo

ur p

aym

ent w

ill b

e re

duce

d if

you

actu

ally

bor

row

less

than

the

amou

ntw

e ca

lcul

ate

as y

our n

ew m

ortg

age.

In o

rder

to c

ompu

te th

e pa

ymen

t, al

l per

tinen

t inf

orm

atio

n m

ust b

e av

ail-

able

to th

e ag

ent,

such

as

old

and

new

inte

rest

rate

s an

d po

ints

, the

rem

aini

ng te

rm a

nd p

rinci

pal b

alan

ce o

n th

e ol

d an

d ne

w m

ortg

age,

and

the

old

and

new

mon

thly

p&

i pay

men

t. T

o m

ake

this

pay

men

t wor

k,pl

ease

dis

cuss

it w

ith y

our a

gent

bef

ore

you

secu

re a

new

mor

tgag

e.P

Inci

dent

al E

xpen

ses

You

may

be

reim

burs

ed fo

r som

e of

you

r clo

sing

cos

ts c

onne

cted

with

the

purc

hase

of y

our r

epla

cem

ent d

wel

ling,

but

not

for p

repa

id e

xpen

ses

such

as ta

xes

or in

sura

nce.

Her

e is

a li

st o

f som

e of

thos

e ite

ms

and

the

con-

ditio

ns fo

r the

ir be

ing

elig

ible

:R

Nota

ry fe

esR

Deed

reco

rding

fees

RTe

rmite

insp

ectio

nR

Title

sear

chR

Surv

eyR

Insp

ectio

ns w

hen

warra

nted

or r

equir

ed.

RTit

le ins

uran

ce -

buye

r’s h

alf, n

ot to

exc

eed

the

cost

for t

he co

mpa

rable

.R

Mob

ile h

ome

sales

tax -

not

to e

xcee

d th

eco

st fo

r the

com

para

ble.

RLe

gal fe

es -

for p

repa

ring

cont

racts

or f

or cl

os-

ing, w

hen

reas

onab

le.R

Appr

aisal

fee

- if a

cquir

ed p

rope

rty h

ad a

mor

t-ga

ge.

RAp

plica

tion

fee

- if a

cquir

ed p

rope

rty h

ad a

mor

t-ga

ge.

RCr

edit r

epor

t - if

acqu

ired

prop

erty

had

a m

ort-

gage

.R

Loan

reco

rding

fees

- if a

cquir

ed p

rope

rty h

ad a

mor

tgag

e.

PPr

oper

ty T

ax In

crea

seIf

ther

e is

an

incr

ease

in y

our r

eal p

rope

rty ta

xes,

you

will

be

reim

burs

edov

er a

thre

e ye

ar p

erio

d. T

he p

aym

ent w

ill n

ot e

xcee

d th

e di

ffere

nce

betw

een

your

old

taxe

s an

d th

e co

mpa

rabl

e’s

taxe

s.Th

e fir

st c

ompu

tatio

n an

d pa

ymen

t is

mad

e at

the

time

of c

losi

ng o

n yo

urre

plac

emen

t. T

he s

econ

d co

mpu

tatio

n an

d pa

ymen

t will

occ

ur in

the

first

mon

ths

of th

e fo

llow

ing

year

, with

the

third

and

fina

l pay

men

t com

ing

aye

ar la

ter.

In s

ome

case

s th

e di

spla

cee

may

take

the

first

com

pute

dam

ount

, tim

es th

ree,

in a

lum

p su

m.

B-7

10

OO

wne

r O

ccup

ants

and

Ten

ants

of 9

0 D

ays

or M

ore

Ow

ner o

ccup

ants

and

tena

nts

of 9

0 da

ys o

r mor

e m

ay b

e el

igib

le fo

r are

nt s

uppl

emen

t. T

o be

elig

ible

for t

his

type

of p

aym

ent,

tena

nts

and

owne

rs m

ust h

ave

been

in o

ccup

ancy

at l

east

90

days

prio

r to

the

initi

-at

ion

of n

egot

iatio

ns fo

r the

acq

uisi

tion

of th

e pr

oper

ty.

This

type

of

paym

ent i

s a

supp

lem

ent,

enab

ling

you

to re

nt a

DS

S re

plac

emen

tdw

ellin

g fo

r thr

ee a

nd o

ne-h

alf y

ears

, or 4

2 m

onth

s. I

f you

cho

ose

tore

nt a

repl

acem

ent d

wel

ling

and

the

rent

al p

aym

ents

are

hig

her t

han

you

have

bee

n pa

ying

, you

may

be

elig

ible

for p

aym

ents

not

to e

xcee

d$5

,250

.Th

e m

axim

um p

aym

ent w

hich

you

qua

lify

for,

if an

y, w

ill b

e de

term

ined

by th

e C

ity o

f Lin

coln

in a

ccor

danc

e w

ith e

stab

lishe

d pr

oced

ures

. Th

ere

nt s

uppl

emen

t pay

men

t will

be

disb

urse

d in

equ

al in

stal

lmen

ts.

In a

dditi

on to

the

occu

panc

y re

quire

men

ts, y

ou m

ust r

ent a

nd o

ccup

ya

DS

S re

plac

emen

t dw

ellin

g w

ithin

one

yea

r afte

r:1.

for a

tena

nt, t

he d

ate

you

mov

e fro

m th

e ac

quire

d dw

ellin

g; o

r2.

for a

n ow

ner o

ccup

ant,

the

latte

r of:

a.th

e da

te y

ou re

ceiv

e fin

al p

aym

ent f

or th

e ac

quire

d dw

ellin

g, o

rin

the

case

of c

onde

mna

tion,

the

date

the

full

amou

nt o

f the

estim

ate

of ju

st c

ompe

nsat

ion

is d

epos

ited

with

the

cour

t; or

b.Th

e da

te y

ou m

ove

from

the

acqu

ired

dwel

ling.

Diff

eren

ce B

etw

een

Orig

inal

Ren

t

Dec

ent,

Saf

e &

San

itary

Com

para

ble

Ren

t

Pay

men

t may

tota

l $5,

250

over

42

mon

ths

Orig

inal

Rep

lace

men

t

...cu

rren

tly a

vaila

ble

on th

e m

arke

t....

not l

ess

than

90

days

prio

r to

occu

panc

y

11

For

Exam

ple.

..A

s an

exa

mpl

e of

how

a re

nt s

uppl

emen

t is

com

pute

d, le

t's a

ssum

eth

at y

ou h

ave

been

pay

ing

$300

per

mon

th re

nt fo

r the

dw

ellin

g oc

cu-

pied

by

you

and

purc

hase

d by

the

City

of L

inco

ln.

Afte

r a s

tudy

of t

here

ntal

mar

ket,

the

City

mak

es th

e de

term

inat

ion

that

a re

plac

emen

tre

ntal

uni

t whi

ch is

DS

S a

nd c

ompa

rabl

e to

you

r pre

sent

dw

ellin

g w

illre

nt fo

r $33

0 pe

r mon

th.

The

max

imum

rent

sup

plem

ent y

ou c

anre

ceiv

e in

this

cas

e is

$30

per

mon

th fo

r a 4

2-m

onth

per

iod.

If

you

sele

ct a

repl

acem

ent d

wel

ling

whi

ch re

nts

for $

350

per m

onth

,de

spite

the

avai

labi

lity

of c

ompa

rabl

e D

SS

repl

acem

ent r

enta

l uni

tsth

at re

nt fo

r $33

0 pe

r mon

th, y

ou w

ill s

till r

ecei

ve o

nly

the

max

imum

paym

ent c

ompu

ted

by th

e C

ity o

f Lin

coln

as

indi

cate

d ab

ove.

In

othe

rw

ords

, you

mus

t pay

the

addi

tiona

l $20

per

mon

th o

ut o

f you

r ow

npo

cket

. A

nd, i

f you

sel

ect a

repl

acem

ent d

wel

ling

whi

ch re

nts

for m

ore

than

you

r pre

sent

rent

, but

less

than

the

amou

nt d

eter

min

ed b

y th

eC

ity, y

ou w

ill b

e pa

id o

n th

e ba

sis

of a

ctua

l cos

t.Fo

r exa

mpl

e, a

ssum

e yo

u se

lect

a re

plac

emen

t dw

ellin

g un

it th

at re

nts

for $

320

per m

onth

. O

n th

e ba

sis

of a

ctua

l cos

t you

will

be

elig

ible

for

a pa

ymen

t of $

20 p

er m

onth

for 4

2 m

onth

s.Th

e co

mpu

tatio

ns a

bove

are

bas

ed o

n al

l dw

ellin

gs h

avin

g ut

ilitie

sin

clud

ed in

the

rent

. Com

puta

tions

for a

n ow

ner o

ccup

ant a

re b

asic

ally

the

sam

e, e

xcep

t tha

t a fa

ir m

arke

t ren

tal a

mou

nt w

ill n

eed

to b

ees

tabl

ishe

d on

you

r dw

ellin

g, fo

r com

paris

on w

ith a

vaila

ble

rent

aldw

ellin

gs.

Diff

eren

ce B

etw

een

Orig

inal

Ren

t $30

0pe

r mon

th

Dec

ent,

Saf

e &

San

itary

Rep

lace

men

tR

ent $

330

per m

onth

Pay

men

t will

be

any

amou

nt u

pto

$30

x 4

2m

onth

s ba

sed

on th

is e

xam

ple

Orig

inal

Rep

lace

men

t

If fin

al p

urch

ase

pric

e of

the

repl

acem

ent i

s be

low

det

er-

min

ed c

ompa

rabl

e am

ount

,pa

ymen

t will

be

the

actu

al d

if-fe

renc

e. If

it e

xcee

ds th

e de

ter-

min

ed a

mou

nt, e

xces

s m

ust b

epa

id b

y di

spla

cee.

$330

Com

para

ble

B-8

12

OFo

r O

wne

r O

ccup

ants

of 9

0 to

179

Day

san

d Te

nant

s of

90

Day

s or

Mor

eO

wne

r occ

upan

ts o

f 90

days

to 1

79 d

ays

and

tena

nts

of 9

0 da

ys o

rm

ore

who

pur

chas

e a

repl

acem

ent d

wel

ling

are

entit

led

to a

dow

npa

ymen

t ass

ista

nce

paym

ent i

n th

e am

ount

the

pers

on w

ould

rece

ive

as a

rent

sup

plem

ent a

s de

scrib

ed p

revi

ousl

y. I

f the

am

ount

of t

here

quire

d do

wn

paym

ent i

s gr

eate

r tha

n th

e co

mpu

ted

rent

sup

plem

ent,

that

am

ount

will

be

paid

, not

to e

xcee

d $5

,250

.Th

e te

rm “r

equi

red

dow

n pa

ymen

t” m

eans

the

dow

n pa

ymen

t ord

inar

i-ly

requ

ired

to o

btai

n co

nven

tiona

l loa

n fin

anci

ng fo

r the

dec

ent,

safe

and

sani

tary

dw

ellin

g ac

tual

ly p

urch

ased

and

occ

upie

d by

the

dis-

plac

ed p

erso

n.Th

e pa

ymen

t to

an o

wne

r occ

upan

t of 9

0 da

ys to

179

day

s sh

all n

otex

ceed

the

amou

nt th

e ow

ner w

ould

rece

ive

as a

pur

chas

e su

pple

-m

ent

if th

e ow

ner m

et th

e 18

0 da

y oc

cupa

ncy

requ

irem

ent.

The

full

amou

nt o

f the

dow

n pa

ymen

t ass

ista

nce

paym

ent m

ust b

eap

plie

d to

the

purc

hase

pric

e of

the

repl

acem

ent d

wel

ling

and

rela

ted

inci

dent

al e

xpen

ses.

Alth

ough

this

may

sou

nd c

ompl

icat

ed, t

he re

loca

tion

agen

t fro

m th

eC

ity o

f Lin

coln

will

exp

lain

the

proc

edur

e to

you

per

sona

lly.

Dec

ent,

Saf

e &

San

itary

Up

to $

5,25

0D

own

Pay

men

tD

own

paym

ent

assi

stan

ce w

ill b

epa

id o

n th

ere

plac

emen

t.P

aym

ents

will

not

be le

ss th

an th

ere

nt s

uppl

emen

tno

r mor

e th

an$5

,250

Orig

inal

Rep

lace

men

t

Pur

chas

ed a

ndoc

cupi

ed w

ithin

the

time

limit

spec

ified

ear

lier.

Tena

nts:

Not

less

than

90 d

ays

occu

panc

yO

wne

rs:L

ess

than

180

days

but

mor

e th

an 9

0da

ys o

ccup

ancy

13

Non

-Res

iden

tial M

ovin

g C

ost

Rei

mbu

rsem

ent

B

usin

esse

s, F

arm

s &

Non

prof

itO

rgan

izat

ions

Ow

ners

or t

enan

ts a

re e

ligib

le fo

r pay

men

ts d

esig

ned

to re

imbu

rse

them

for:

1.Th

eir c

osts

in m

ovin

g pe

rson

al p

rope

rty.

2.Th

eir t

ime

in s

earc

hing

for a

new

loca

tion.

3.A

ctua

l los

s of

tang

ible

per

sona

l pro

perty

.4.

Thei

r exp

ense

s in

re-e

stab

lishi

ng a

t a n

ew s

ite.

OR

5.Th

ey c

an ta

ke a

fixe

d pa

ymen

t in

lieu

of th

e ot

her r

eloc

atio

nbe

nefit

s. T

his

paym

ent i

s be

twee

n $1

,000

and

$20

,000

, bas

edon

the

net e

arni

ngs

of th

e bu

sine

ss o

r far

m.

Not

all

busi

ness

es, f

arm

s, o

r non

prof

it or

gani

zatio

ns q

ualif

y fo

r all

pay-

men

ts.

Are

loca

tion

stud

y w

ill d

eter

min

e th

e ex

tent

of y

our e

ligib

ility

.

B-9

14

Mov

ing

Expe

nses

Whe

n th

ere

is p

erso

nal p

rope

rty to

mov

e, th

e ow

ner o

f it h

as tw

o m

etho

dsto

cho

ose

from

:

•C

omm

erci

al M

ove.

You

may

be

paid

the

actu

al re

ason

able

cos

ts o

fyo

ur m

ove

prov

ided

by

the

serv

ices

of a

com

mer

cial

mov

er.

All o

f you

rex

pens

es m

ust b

e su

ppor

ted

by re

ceip

ted

bills

in o

rder

to a

ssur

e pa

y-m

ent o

f you

r mov

ing

clai

m.

•Se

lf-M

ove.

If yo

u de

cide

to m

ove

your

self

you

may

be

paid

an

amou

nt w

hich

doe

s no

t exc

eed

the

low

er o

f tw

o fir

m b

ids

by tw

o qu

ali-

fied

mov

ing

firm

s. I

f bid

s ca

n’t b

e ob

tain

ed, y

our p

aym

ent m

ay b

eba

sed

on y

our a

ctua

l, re

ason

able

mov

ing

expe

nses

sup

porte

d by

rece

ipte

d bi

lls o

r oth

er e

vide

nce

of e

xpen

ses

incu

rred.

You

mus

t firs

t pro

vide

the

City

of L

inco

ln w

ith a

n in

vent

ory

of th

e ite

ms

tobe

mov

ed.

The

relo

catio

n ag

ent w

ill m

ake

a m

ovin

g es

timat

e, o

r will

secu

retw

o bi

ds fr

om c

omm

erci

al m

over

s. Y

ou w

ill be

offe

red

an a

mou

nt to

mov

eyo

urse

lf, o

r you

can

hire

a c

omm

erci

al m

over

; rei

mbu

rsem

ent n

ot to

exc

eed

the

low

bid

.Yo

u m

ust g

ive

your

age

nt a

dvan

ce n

otic

e of

the

star

t of y

our m

ove

so th

atth

e m

ove

can

be m

onito

red,

if n

eede

d.So

me,

but

not

all,

of t

he e

lem

ents

of t

he m

ove

elig

ible

for r

eim

burs

emen

tar

e: t

rans

porta

tion

cost

s; p

acki

ng c

osts

; dis

conn

ect a

nd re

conn

ectio

n of

equi

pmen

t; st

orag

e co

sts,

if n

eces

sary

; ins

uran

ce; u

nuse

d po

rtion

s of

licen

ses

or p

erm

its; c

osts

of o

bsol

ete

sign

s an

d st

atio

nery

.

Sear

chin

g Ex

pens

es

Dis

plac

ed b

usin

esse

s, fa

rms

and

nonp

rofit

orga

niza

tions

may

be

reim

burs

ed fo

r act

ual

reas

onab

le e

xpen

ses

rela

ted

to s

earc

hing

for a

repl

acem

ent p

rope

rty, n

ot to

exc

eed

$1,0

00.

Expe

nses

may

incl

ude

cost

s su

ch a

s tra

ns-

porta

tion,

mea

ls, l

odgi

ng w

hen

away

from

hom

e, a

nd th

e re

ason

able

val

ue o

f tim

eac

tual

ly s

pent

in s

earc

h. A

ll ex

pens

esm

ust b

e su

ppor

ted

by re

ceip

ted

bills

.Th

e va

lue

of ti

me

spen

t in

the

sear

chm

ust b

e su

ppor

ted

by W

-2 fo

rms,

pay

stub

s, ta

x re

turn

s, o

r oth

er d

ocum

en-

tatio

n. A

deta

iled

reco

rd o

f you

rse

arch

ing

activ

ities

mus

t be

kept

and

subm

itted

bef

ore

paym

ent c

an b

em

ade.

15

Act

ual D

irect

Los

ses

of T

angi

ble

Pers

onal

Prop

erty

Abu

sine

ss o

r far

m o

pera

tion

may

dec

ide

not t

o m

ove

certa

in it

ems

of p

er-

sona

l pro

perty

, or t

o di

scon

tinue

the

oper

atio

n. I

f so,

this

pay

men

t is

desi

gned

to c

ompe

nsat

e fo

r som

e of

that

loss

. Th

ere

are

two

situ

atio

nsan

d m

etho

ds o

f com

putin

g yo

ur p

aym

ent:

1.Ite

m is

not

repl

aced

. Pa

ymen

t will

be th

e lo

wer

of:

a.Fa

ir m

arke

t val

ue o

f ite

m (i

npl

ace

valu

e); M

inus

the

pro-

ceed

s of

the

sale

of t

he it

em(m

ust a

t lea

st a

ttem

pt);

Plus

reim

burs

emen

t of t

he s

ale

expe

nses

; or

b.Es

timat

ed c

ost o

f mov

ing

the

item

(up

to 5

0 m

iles)

.2.

Item

to b

e re

plac

ed w

ith n

ew.

Paym

ent w

ill be

the

low

er o

f:a.

Cos

t of s

ubst

itute

item

, inc

ludi

ng in

stal

latio

n co

sts;

Min

us p

roce

eds

from

the

sale

or t

rade

-in o

f the

old

item

; or

b.Es

timat

ed c

ost o

f mov

ing

and

rein

stal

ling

the

old

item

.

Re-

esta

blis

hmen

t Exp

ense

sIn

add

ition

to th

e pr

evio

us b

enef

its, a

sm

all b

usin

ess,

farm

or n

onpr

ofit

orga

niza

tion

may

be

elig

ible

for r

eim

burs

emen

t of e

xpen

ses

actu

ally

incu

rred

in re

loca

ting

and

rees

tabl

ishi

ng a

t a re

plac

emen

t site

. E

xpen

ses

mus

t be

reas

onab

le a

nd n

eces

sary

, as

dete

rmin

ed b

y th

e C

ity o

f Lin

coln

,an

d th

e pa

ymen

t will

not

exc

eed

$10,

000.

Som

e of

thes

e ex

pens

es m

ayin

clud

e, b

ut a

re n

ot li

mite

d to

:1.

Rep

airs

to th

e re

plac

emen

t rea

l pro

perty

, as

requ

ired

by la

w o

r cod

e.2.

Mod

ifica

tions

to th

e pr

oper

ty to

ada

pt it

to th

e bu

sine

ss’s

nee

ds.

3.C

onst

ruct

ion

and

inst

alla

tion

cost

s, u

p to

$1,

500,

for e

xter

ior a

dver

tisin

gsi

gnin

g.4.

Prov

isio

n of

util

ities

from

righ

t-of-w

ay to

impr

ovem

ents

.5.

Nec

essa

ry re

deco

ratio

n or

repl

acem

ent o

f wor

n su

rface

s, s

uch

as p

aint

or c

arpe

ting.

6.Fe

asib

ility

surv

eys,

soi

l tes

ting,

and

mar

ket s

tudi

es.

7.Ad

verti

sem

ent o

f new

repl

acem

ent l

ocat

ion,

up

to $

1,50

0.8.

Prof

essi

onal

fees

in c

onne

ctio

n w

ith th

e pu

rcha

se o

r lea

se o

f a n

ew s

ite.

9.Im

pact

fees

or o

ne-ti

me

asse

ssm

ents

for a

ntic

ipat

ed h

eavy

util

ity u

sage

.

B-10

16

10.

Estim

ated

incr

ease

d co

sts

of o

pera

tion

durin

g th

e fir

st tw

o ye

ars

at th

ene

w s

ite, n

ot to

exc

eed

$5,0

00, f

or s

uch

item

s as

:a.

leas

e or

rent

al c

harg

esb.

pers

onal

or r

eal p

rope

rty ta

xes

c.in

sura

nce

prem

ium

sd.

incr

ease

d ut

ility

char

ges,

exc

ludi

ng im

pact

fees

.

Inel

igib

le E

xpen

ses

The

follo

win

g is

a n

onex

clus

ive

list o

f re-

esta

blis

hmen

t exp

ense

s no

t elig

i-bl

e fo

r rei

mbu

rsem

ent:

1.Pu

rcha

se o

f cap

ital a

sset

s, s

uch

as o

ffice

furn

iture

, mac

hine

ry, o

r tra

defix

ture

s.2.

Purc

hase

of m

ater

ials

, sup

plie

s, o

r oth

er it

ems

used

in th

e co

urse

of

norm

al o

pera

tions

.3.

Inte

rest

on

mon

ey b

orro

wed

to m

ake

the

mov

e or

pur

chas

e th

ere

plac

emen

t site

.4.

Paym

ent t

o a

part-

time

busi

ness

in th

e ho

me

whi

ch d

oes

not c

ontri

bute

subs

tant

ial i

ncom

e.

Fixe

d Pa

ymen

tD

ispl

aced

bus

ines

ses,

farm

s an

d no

npro

fit o

rgan

izat

ions

may

be

elig

ible

for

a fix

ed p

aym

ent I

N L

IEU

of a

ctua

l mov

ing

expe

nses

, ree

stab

lishm

ent

expe

nses

, act

ual d

irect

loss

of t

angi

ble

pers

onal

pro

perty

, and

sea

rchi

ngex

pens

es.

Such

pay

men

t may

not

be

less

than

$1,

000

nor m

ore

than

$20,

000.

For

the

owne

r of a

bus

ines

s to

be

elig

ible

for t

his

paym

ent,

the

City

of L

inco

ln m

ust d

eter

min

e th

at:

1.th

e bu

sine

ss o

wns

or r

ents

per

sona

l pro

perty

to b

e m

oved

.2.

the

busi

ness

can

not b

e re

loca

ted

with

out a

sub

stan

tial l

oss

of it

s ex

ist-

ing

patro

nage

(inc

ome)

.3.

the

busi

ness

con

tribu

tes

mat

eria

lly to

the

owne

r’s in

com

e.4.

the

disp

lace

d bu

sine

ss is

not

par

t of a

n en

terp

rise

havi

ng a

t lea

st th

ree

othe

r sim

ilar e

ntiti

es n

ot b

eing

acq

uire

d.5.

the

busi

ness

is n

ot s

olel

y fo

r the

pur

pose

of r

enta

l pro

perty

.Fo

r the

ow

ner o

f a fa

rm o

pera

tion

to b

e el

igib

le fo

r thi

s pa

ymen

t, it

mus

t be

dete

rmin

ed th

at:

1.Th

e op

erat

ion

cont

ribut

es m

ater

ially

to th

e op

erat

or’s

inco

me.

2.Th

e ac

quis

ition

of p

art o

f the

land

cau

ses

the

oper

ator

to b

e di

spla

ced

from

the

rem

aini

ng la

nd.

3.Th

e pa

rtial

acq

uisi

tion

caus

es a

sub

stan

tial c

hang

e in

the

natu

re o

f the

farm

ope

ratio

n.

Com

puta

tion

of Y

our F

ixed

Pay

men

t...

The

amou

nt o

f the

act

ual p

aym

ent f

or b

usin

esse

s an

d fa

rms

is d

eter

min

edby

the

aver

age

of th

e an

nual

net

ear

ning

s fo

r the

ope

ratio

ns in

the

two

year

s pr

ecee

ding

the

taxa

ble

year

dur

ing

whi

ch th

e en

terp

rise

is re

loca

ted.

Ano

npro

fit o

rgan

izat

ion

is e

ligib

le fo

r thi

s pa

ymen

t whe

n it

cann

ot b

e re

lo-

cate

d w

ithou

t a s

ubst

antia

l los

s of

its

mem

bers

hip

or c

lient

ele.

Any

pay

-m

ent a

bove

$1,

000

is b

ased

on

annu

al g

ross

reve

nue

min

us a

dmin

istra

-tiv

e ex

pens

es.

You

mus

t pro

vide

tax

info

rmat

ion

to th

e C

ity o

f Lin

coln

to s

uppo

rt yo

ur n

etea

rnin

gs. I

f you

’ve

been

in b

usin

ess

less

than

two

year

s, th

e ne

t ear

ning

sfo

r the

act

ual p

erio

d w

ill b

e pr

ojec

ted

to a

n an

nual

rate

. N

et e

arni

ngs

incl

ude

com

pens

atio

n pa

id to

the

owne

r, th

e ow

ner’s

spo

use

or d

epen

d-en

ts.

Mis

cella

neou

s In

form

atio

nIn

the

case

of m

obile

hom

e ow

ners

and

tena

nts

who

are

dis

plac

ed fr

omno

n-de

cent

, saf

e an

d sa

nita

rym

obile

hom

es, t

he re

plac

emen

tho

usin

g pa

ymen

ts d

escr

ibed

earli

er a

re a

pplic

able

. Fo

rth

ose

mob

ile h

omes

that

are

dece

nt, s

afe

and

sani

tary

and

can

be m

oved

, the

pro

visi

on o

fre

ntal

repl

acem

ent h

ousi

ngpa

ymen

ts, a

pur

chas

e do

wn

paym

ent o

n an

othe

r site

, or a

purc

hase

diff

eren

tial a

re a

ppli-

cabl

e. F

urth

er e

xpla

natio

n of

thes

e pa

ymen

ts w

ill b

e pr

ovid

ed b

yyo

ur re

loca

tion

agen

t.

For

Exam

ple:

3rd

2nd

Year

of

Prio

r Yea

rPr

ior Y

ear

Acq

uisi

tion

Ann

ual N

et E

arni

ngs

Ann

ual N

et E

arni

ngs

Year

of

$8,0

00$1

4,00

0R

eloc

atio

n

$11,

000

= Fi

xed

paym

ent;

also

cal

led

IN L

IEU

pay

men

t

17

Ave

rage

B-11

18

If yo

u ch

oose

to re

tain

you

r pre

sent

dw

ellin

g an

d m

ove

it to

a n

ew lo

ca-

tion,

the

repl

acem

ent h

ousi

ng p

aym

ent i

f any

, will

be

the

amou

nt b

y w

hich

the

cost

to re

loca

te th

e re

tain

ed d

wel

ling

exce

eds

the

acqu

isiti

on p

rice

ofth

e dw

ellin

g. T

his

paym

ent m

ay n

ot e

xcee

d th

e co

mpu

ted

repl

acem

ent

hous

ing

paym

ent b

ased

on

the

purc

hase

of a

n av

aila

ble,

com

para

ble

DS

S d

wel

ling.

No

relo

catio

n pa

ymen

t rec

eive

d sh

all b

e co

nsid

ered

as

inco

me

for t

hepu

rpos

e of

the

Inte

rnal

Rev

enue

Cod

e of

198

6 or

the

stat

e ta

x la

ws.

Thes

e pa

ymen

ts a

re n

ot in

com

e fo

r det

erm

inin

g th

e el

igib

ility

of a

ny p

er-

son

for a

ssis

tanc

e un

der t

he S

ocia

l Sec

urity

Act

or a

ny o

ther

fede

ral l

aw,

exce

pt fo

r any

fede

ral l

aw p

rovi

ding

low

inco

me

hous

ing

assi

stan

ce.

Your

Rig

ht o

f App

eal

If yo

u ha

ve b

een

refu

sed

a re

loca

tion

paym

ent,

orif

you

belie

ve th

at th

e pa

ymen

t offe

red

was

not

adeq

uate

to re

loca

te, y

ou m

ay fi

le a

n ap

peal

. To

do th

at, r

eque

st a

n ap

peal

form

by

calli

ng U

rban

Dev

elop

men

t Dep

artm

ent a

t 441

-786

4. F

ill o

ut th

eap

peal

form

and

retu

rn it

to:

Hou

sing

Reh

abili

tatio

n &

Rea

l Est

ate

Div

isio

n, 8

08 P

Stre

et,

Sui

te 4

00, L

inco

ln, N

E 6

8508

. Yo

ur a

ppea

l will

be

revi

ewed

by

the

City

of L

inco

ln’s

Rea

l Est

ate

Sup

ervi

sor,

who

will

mak

e a

deci

sion

afte

r con

sulti

ng e

very

one

invo

lved

with

the

orig

inal

det

erm

inat

ion.

If y

ou a

re u

nsat

isfie

d w

ith th

at d

ecis

ion,

you

may

app

eal i

t to

the

Dire

ctor

of t

he U

rban

Dev

elop

men

t Dep

artm

ent.

If yo

u ar

e un

satis

fied

with

the

Dire

ctor

's d

ecis

ion,

you

may

app

eal i

t to

the

May

or. T

he M

ayor

will

app

oint

a R

eloc

atio

n A

ppea

l Boa

rd to

pre

side

ove

ran

info

rmat

ion

hear

ing.

Afte

r rev

iew

ing

the

fact

s as

pre

sent

ed b

y th

eR

eloc

atio

n A

ppea

l Boa

rd, t

he M

ayor

mak

es th

e C

ity's

fina

l det

erm

inat

ion.

If st

ill d

isat

isfie

d, y

ou m

ay a

ppea

l tha

t det

erm

inat

ion

to th

e D

istri

ct C

ourt

of L

anca

ster

Cou

nty.

B-12