RES 2013-0308 - Agmt for rehab work to 6759 Franklin St `��o Foyc.,..,„,,,,
R C ' ' \I E U Planning Department
Omaha/Douglas Civic Center
f;"' t 1819 harnam Street,Suite 1100
z i r n .,f'. r u 1 ' ) Omaha,Nebraska 68183
o a �A.=- , (402)444-5150
�° ro l'elefax(402)444-6140
4'1rED FEa �r 'u R.E. Cunningham, RA,F.SAME
City of Omaha n Ri n HI;�+,'(t,,A Director
Jim Suttle,Mayor
March 5, 2013
Honorable President
and Members of the City Council,
The attached Resolution approves a Deferred Payment Loan and Grant Agreement between the City of
Omaha (hereinafter referred to as "The City") and Brian Cloudt, 5339 North 60th Street, Omaha, NE
68104 (hereinafter referred to as "Owner") for the rehabilitation and lead hazard work of the property
located at 6759 Franklin Street, Omaha, NE 68104 with funding from the HOME Investment Partnership
Program funds (HOME).
The rehabilitation of this single-family home meets the requirements of the HOME Investment
Partnership Program (hereinafter referred to as "HOME"). Funds under Title II of the National
Affordable Housing Act of 1990, for the purpose of providing affordable housing opportunities benefiting
low- and moderate-income residents, the City's Underwriting Guidelines and is consistent with the FY
2011 Consolidated Submission for Community Planning and Development Program approved by the City
Council on December 14, 2010 by Resolution No. 1356.
The estimated project cost of the property located at 6759 Franklin Street, Omaha, NE 68104, to be
$47,986.00 comprised of $30,634.00 HOME funds (comprised of $17,352.00 Deferred Payment Loan
and a $13,282.00 Grant) and $17,352.00 in private match funds provided by the Owner. This property
will be occupied by a qualified low to moderate income family whose annual household income is 80%
and below the Median Income by Family Size.
The Owner has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the
Human Rights and Relations Department will review the Owner to ensure compliance with the Contract
Compliance Ordinance.
Your favorable consideration of this Resolution is requested.
Res ee fully s emitted, Referred to City Council for Consideration:
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. E. Cunningh. , RA, F SAME Date Mayor's Office Date
Planning Dire. or
Approved:
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Leslie A. Schaefer, Finance Date Human Rights and Relations Date
1818 dlh
RENTAL REHABILITATION PROGRAM AGREEMENT
HOME FUNDS
THIS AGREEMENT is entered into between the City of Omaha (hereinafter referred to as "the
City") and Brian Cloudt, 5339 North 60th Street, Omaha, Nebraska 68104 (sometimes hereinafter
referred to as"Owner,based on terms,conditions and provisions as set forth below.
RECITALS:
WHEREAS, the City is a municipal corporation located in Douglas County, Nebraska, and is
organized and existing under the laws of the State of Nebraska, and is authorized and empowered to
exercise all powers conferred by the State constitutions, laws, Home Rule Charter of the City of Omaha,
1956, as amended, and local ordinances, including but not limited to,the power to contract; and,
WHEREAS, the City has applied for and received HOME Investment Partnerships Program
(hereinafter referred to as "HOME") Funds under Title II of the National Affordable Housing Act of
1990, for the purpose of providing affordable housing opportunities benefiting low-and moderate-income
residents; and,
WHEREAS, the City's FY 2011 Consolidated Submission for Community Planning and
Development Programs (hereinafter referred to as "Consolidated Plan"), outlining priorities, programs
and funding allocations for the 2011 program year, that included the Rental Rehabilitation Program, was
approved by City Council Resolution No. 1356 on December 14,2010; and,
WHEREAS,the City's HOME Rental Rehabilitation Program funds for a four bedroom unit may
not exceed 'h of the project cost for rehabilitation work, and include a grant up to $12,500 for the lead
lead hazard work and a grant up to$1,000 for radon services; and,
WHEREAS, the Owner submitted a preliminary application which indicated the total estimated
project cost of the four bedroom property, located.at 6759 Franklin Street, to be $47,986.00, comprised
of $30,634.00 from FY 2011 HOME Rental Rehabilitation Program funds, which are provided in the
form of a Deferred Payment Loan of which $17,352.00 is for rehabilitation work and a Grant for
$13,782.00 for lead hazard work, and radon services and $17,352.00 in private matching funds for the
1 Revised and approved 7/24/2012
rehabilitation of the vacant four bedroom property located at 6759 Franklin Street, which is to be
occupied by a qualified low- and moderate-income family whose annual household income is 80% and
below the Median Income by Family Size(hereinafter referred to as the"Project"); and,
WHEREAS, the Consolidated Plan identified that the HOME Rental Rehabilitation Program
Project provides or improves housing which is determined to benefit qualified low- and moderate-income
persons and therefore this Project is consistent with the Consolidated Plan and is eligible for funding; and,
WHEREAS, the City wishes to enter into an Agreement with the Owner(s) to assist the City in
utilizing such HOME funds;and,
WHEREAS, the Project is eligible for funding under the FY 2011 HOME Rental Rehabilitation
Program,and$30,634.00 as identified above was allocated to the Project;and,
WHEREAS, it is in the best interest of the City and the residents thereof that the City enter into
an Agreement with the Owner to provide partial funding for the Project.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,the parties
do hereby agree as follows:
SECTION 1. DEFINITIONS AND ABBREVIATIONS.
The following terms shall have the following meanings for all purposes in this Agreement:
1.01 "City"shall mean—the City of Omaha, a Nebraska Municipal Corporation.
1.02 "Owner" shall mean—Brian Cloudt (sometimes hereinafter referred to as the "Owner"),
5339 North 60th Street, Omaha, Nebraska 68104, as evidenced by the attached
Warranty Deed. (Exhibit"A").
1.03 "Director"shall mean—the Planning Director of the City of Omaha.
1.04 "Recipient"shall mean—the City of Omaha.
1.05 "Subrecipient"—not applicable for this project.
1.06 "HUD"shall mean—the U.S. Department of Housing and Urban Development.
1.07 "HOME Funds" shall mean — that portion of the HOME Investment Partnerships
Program funds awarded to the City, subject to and conditioned upon actual receipt of
same by the City of Omaha, as may be available to loan during the program year for the
use specified herein in an amount not to exceed $30,634 (comprised of $17,352 in a
deferred payment loan and $13,282 in a grant), plus reasonable and eligible closing
2 Revised and approved 7/24/2012
costs payable from the HOME Fund No. 12179, Rental Rehabilitation Program
Organization No. 128033, subject to the terms, conditions and requirements of said Loan
Fund Agreement.
1.08 "HOME Rental Rehabilitation Program Deferred Payment Loan (DPL)" shall mean — a
loan without interest in FY 2011 HOME funds to the Owner(s) in an amount not to
exceed $17,352, plus reasonable and eligible closing costs, for the rehabilitation and a
grant in the amount not to exceed$13,282 for the lead hazard and radon services work of
the four-bedroom property located at 6759 Franklin Street, legally described in Section
1.14, made subject to the terms, conditions and provisions of the loan agreement under
which said loan is made, secured by no less than a 2nd mortgage/deed of trust
subordinate to Deeds of Trust in amounts not to exceed the existing balance of any
existing liens filed against the property and the owner's matching funds of$17,352 plus
reasonable and eligible project-related closing costs, which shall provide, inter-alia, that
same shall become due and payable without interest upon the sale or transfer of
ownership of the property within ten(10)years from the date of the Project Close Out as
describe herein in Section 1.12.
1.08.1 Owner(s) shall execute an Acknowledgement of Covenant Running with Land
on the property located at 6759 Franklin Street that requires that the present
use of the property be maintained as a rental property throughout the term of
this agreement. A copy of the covenant in substantial form is attached as
Exhibit"B".
1.09 "Rehabilitation/Construction Financing" shall mean, but is not limited to — billings for
construction/rehabilitation,closing costs, profit and overhead,predevelopment and public
improvement costs, financing, legal accounting, architectural or project supervision costs,
costs for materials, labor,utility hookups and site preparation associated with the Project.
1.09.1 The Owner(s) subcontractor's profit and overhead shall not exceed 15% of
hard cost.
1.10 "Rehabilitation/Construction Completion" shall mean — the date the Project has been
certified by the City as meeting all State, Federal and Local laws, ordinances,regulations
and codes, including, but not limited to, Section 8 Housing Quality Standards for Existing
Homes (HQS) as established by HUD, the City of Omaha Property Rehabilitation
Standards,and accessibility requirements,where applicable.
1.11 "Project Completion" shall mean — the date all leveraged funds have been paid by the
Owner and allocated to the Project, Rehabilitation/Construction Completion has been
certified and approved by the City, all HOME funds have been disbursed, all units have
been rented by qualified low- and moderate-income families, and all Occupancy Report
requirements,as stated in Section 5,Paragraph 5.03.2 are satisfied.
1.12 "Project Close Out" shall mean—the dates all project HOME funds have been disbursed
and City has completed HUD close-out procedures (24 C.F.R. 92.507 and OMB Circular
A-110 Subpart A(g)) (Exhibit "C"). The distinction between Project Close Out and
Project Completion is that tenant occupancy requirements are required to be satisfied for
Project Completion. As a result, Project Close Out shall typically occur after Project
Completion.
3 Revised and approved 7/24/2012
1.13 "Affordability Period"(24 C.F.R. 92.252(e)) shall mean—that time period ten(10)years
after Project Close Out in which the Owner shall keep assisted properties affordable.
During the Affordability Period, the Owner must ensure that HOME-assisted units
continue to meet rent restrictions, occupancy requirements and property standards as
described in Section 4.09 herein. For this Agreement, the Affordability Period shall
commence at Project Close Out and continue for ten (10)years. In the event the term of
the Agreement would be extended, the Affordability Period would be extended
correspondingly.
1.14 "Property" or "Project" shall mean — Lot 3, Block 10, Kitchen and Waugh's
Subdivision of Block 10, 11, and 12 in Bowling Green an addition to the City of
Omaha, as surveyed, platted and recorded in Douglas County, Nebraska (commonly
known as 6759 Franklin Street) and which during the Affordability Period shall be
occupied by a qualified low- and moderate-income family whose annual household
income is 80%and below the Median Income by Family Size.
1.15 "Low- and Moderate-Income Household" shall mean — a household whose annual
household income does not exceed 80% of the median income for the Omaha NE-IA
Metropolitan Statistical Area as determined by HUD(Exhibit"D").
1.15.1 "Rents" (24 C.F.F. 92.252) shall mean — the maximum rents (including
utilities) for the Omaha,NE-IA Metropolitan Statistical Area as established by
HUD as of the effective date of the lease. The rents shall be the HOME rents
as established by HUD ("Exhibit "D"). In no event shall rents be required to
be lower than the lesser of FMR or the HOME rent limit in effect for Project at
time of project commitment. The current High HOME Rent for a single-family
four-bedroom unit is $1053. If the lease converts to a month-to-month lease
after the initial 12-month lease, the rent limit and utility allowance in effect for
each separate month apply.
If the unit receives Federal or State project-based rental subsidy and the very
low-income family pays a contribution toward rent not more than 30 percent of
the family's adjusted income, then the maximum rent (i.e., tenant contribution
plus project-based subsidy) is the rent allowable under the Federal or State
project-based rental subsidy program(24 C.F.R. 92.252(b)(2)).
1.16 "HOME shall mean — that portion of the FY 2011 HOME Investment Partnerships
Program entitlement awarded to the City, subject to and conditioned upon actual receipt
of same by the City of Omaha, as may be available to loan during the program FY 2011
for the use specified herein in an amount not to exceed $30,634, plus reasonable and
eligible closing costs subject to the terms, conditions and requirements of said Loan Fund
Agreement.
1.17. "Client"shall mean—a qualified participant making application to the Owner(s).
1.18. "Program Income" shall mean — the gross income received by the Owner directly
generated from the use of HOME Funds (24 C.F.R. 92.503). When such income is
generated by an activity that is only partially assisted with HOME Funds, the income
shall be prorated to reflect the percentage of HOME Funds used (see Exhibit "B"),
attached hereto and incorporated herein by this reference as though fully set forth. Any
4 Revised and approved 7/24/2012
program income funds received during the term of this Agreement shall be returned to the
City within thirty(30)days prior to any additional distribution of HOME Funds.
SECTION 2. RESPONSIBILITIES OF OWNER
2.01 Overall Project Performance
2.01.1 The Owner shall use the $30,634 plus reasonable and eligible closing costs in
HOME Rental Rehabilitation Program Funds as partial fmancing to complete
the rehabilitation of the four-bedroom property located at 6759 Franklin
Street to be occupied by a qualified low- and moderate-income family whose
annual household income is 80% or below the Median Family Income (MFI)
(Exhibit"D").
2.01.2 Total Project Total Assisted Total Fixed Total Low/Moderate
Units Rental Units Rental Units Income Units
1 1 1 1
2.01.3 Number of Low/Moderate Maximum Percent of Area
Households Median Income Permitted
1 80%
2.01.4 Number of Above Low/Moderate Maximum Percent of Area
Households Median Income Permitted
0 80%
2.02 Project Budget
The Owner asserts that the funding sources and amounts listed below are committed as of
the date of loan closing. The Owner further asserts that upon approval by the City, the
Owner's funds shall be paid first toward the rehabilitation of this project and any cost that
exceeds the project cost of$47,986 shall be the Owner's responsibility.
Total
FY 2011 HOME RRP$ $30,634 64%
Bank Loan/Owner's Cash $17,352 36%
Total Estimated Project Cost $47,986 100%
2.03 Term of the Agreement
This Agreement shall be in full force and effect and shall end on March 30, 2023.
Services of the Owner will start effective the date of the proceed order issued by the City
and Levels of Project Performance stated in Section 2.01 herein shall be completed as of
September 30, 2013. Upon written request, date to complete the Levels of Project
Performance may be extended by the Planning Director. In the event Project Close Out
would change before or after September 30, 2013, the Agreement and Affordability
Periods will change correspondingly. After the Project Close Out,the City will notify the
Owner of the begin date of the Affordability Period.
5 Revised and approved 7/24/2012
SECTION 3. CONDITIONS FOR RECEIPT OF CITY FINANCING.
3.01 Documents Required by City. In no event shall the City assume any obligation to make
any or all of the above-referenced funding available,nor shall the City incur any liability
hereunder, unless and until the Owner has submitted for and received the prior approval
of the Director of all of the documents listed below.
3.01.1 Property Insurance. Owner shall procure and maintain, at a minimum, fire and
extended coverage insurance in an amount sufficient to protect the City's
interest in the property during the term of the Agreement and financing security
documents (OMB Circular A-110) (Exhibit "C"). The insurance policy shall
include the City of Omaha, Planning Department, 1819 Farnam Street, Suite
1100, Omaha, Nebraska 68183 as no less than a 2nd Mortgagee. Written
evidence of such insurance shall be submitted to the Director for approval. In
the event of damage of the property, any insurance proceeds are to be applied,
at the discretion of the Director, to the reconstruction of the property or
repayment, in full, of the funding.
3.01.2 Contracts. The Owner shall submit duly executed contracts for all
Construction Work to the Director for approval prior to the start of
construction.
3.01.3 Performance and Labor Material Payment Bond and/or an Irrevocable Letter of
Credit. In the event the Contractor is not on the Planning Department's
certified contractor's list, the Owner's General Contractor shall acquire and
maintain performance bond and/or letter of credit in force for one year
following the completion of the Construction Work from the General
Contractor and all subcontractors in an aggregate amount of the contract bid.
The Bonds and/or Letters of Credit shall be in favor of the City and shall be
submitted to the Director for review and approval. The Director reserves the
right to reject the Letters of Credit and Choice of Surety of the Bonds.
3.01.4 Plan Submissions. Owner shall submit all plans, working drawings and/or
specifications necessary or incidental to this Project to the Director for review
and approval prior to the commencement of any construction work.
3.01.5 Minority/Women-Owned Business Enterprise Plan. Owner shall submit to the
Director for his Review and approval a minority and women business
participation plan, which discusses economic development and employment
opportunities. These plans shall ensure that the Owner and its subcontractors
will make their best efforts to ensure that construction services, contracts and
employment opportunities are affirmatively marketed to women and members
of minority groups.
3.01.6 Eligible Contractors. Owner shall obtain a certificate from each contractor or
subcontractor to be used on this Project to the effect that each contractor or
subcontractor has not been disbarred or disqualified by HUD (24 C.F.R. Part
5). The Director shall approve all contractors and subcontractors prior to being
hired by the Owner.
6 Revised and approved 7/24/2012
3.01.7 Security for Deferred Payment Loan. Owner shall execute for the benefit of
the City an Acknowledgement of Covenant Running with Land, a deed of trust
and a deferred payment loan promissory note in an amount not to exceed
$17,352 plus reasonable and eligible project-related closing costs secured by no
less than a 2nd mortgage/deed of trust subordinate to amounts not to exceed
any existing liens filed against the property and the Owner's matching funds of
$17,352 plus reasonable and eligible project-related closing costs and a Grant
Agreement in the amount of$13,282.00 for the lead hazard and radon service
work. The covenant and note in substantial form are attached hereto as Exhibit
"B" and incorporated herein by this reference as though fully set forth and are
similar in content to the documents to be secured.
3.01.8 Section 504. Section 504 applies to alterations to dwelling units in multi-
family housing projects. This Project is exempt as a single-family unit.
3.01.9 Contractor's Insurance and Workers' Compensation. The Developer or its
contractors and subcontractors shall submit Certificates of Insurance in favor of
the City for review and approval by the Director. The insurance coverage shall
include pollutant liability for lead reduction work if applicable, Workers'
Compensation and,at a minimum,the following amount of coverage:
• Contractor's Personal Liability $1,000,000.00
• Combined Bodily Injury and Property Damage $2,000,000.00
($1,000,000.00 each occurrence)
• Product,including Completed Operations $1,000,000.00
3.01.10 Funding Compliance Deadline. In the event that all conditions of funding are
not met on or before September 30, 2013, then this Agreement shall
automatically become null and void and the City shall not be deemed to have
assumed any obligation or liability hereunder. The Director may extend this
date.
SECTION 4. PROJECT RESPONSIBILITIES OF THE OWNER(S).
4.01 Eligible Use of Funds. The Owner hereby certifies, contracts and agrees that any and all
funding obtained or made available hereunder shall be used solely and exclusively for the
purposes described herein.
4.02 Terms and Conditions. The Owner shall abide by all terms and conditions of this
Agreement and shall be responsible for the security and maintenance of the sites
described in Section 1.14 herein.
4.03 Breach of Agreement. If through breach of this Agreement, the Owner fails to maintain
the occupancy, affordability and use restrictions as described herein, all HOME funds
previously provided to the Owner through fulfillment of this Agreement shall promptly
be returned to the City.
4.04 Lien Waivers. Owner agrees to obtain and submit the appropriate lien waivers with each
construction payment.
7 Revised and approved 7/24/2012
4.05 Ineligible Costs. The Owner shall be responsible for payment of any Project costs that
exceed those specified in this Agreement.
4.05.1 Eligible Costs. The Owner shall not request disbursement of funds under this
Agreement until the funds are needed for payment of eligible costs as described
in Section 1.09 herein.
4.05.1.1 Luxury Items. Property amenities shall be those amenities
reasonably anticipated in comparable properties. Any items
determined by the City as luxury items shall not be considered an
eligible cost for construction.
4.06 Lead-based Paint Prohibition. Owner shall not use lead-based paint in the performance
of this Agreement, including the performance of any subcontractor(42 USC 4821 et seq.,
24 C.F.R. 92.355 and 24 C.F.R. art 35). "Lead-based Paint" means any paint containing
more than six one-hundredths of one(1)per centum of lead by weight(calculated as lead
metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in
the dried film of paint already applied. The Owner further agree(s) to abide by federal
requirements regarding lead-based paint poison prevention.
4.07 Ongoing Property Restrictions. During the construction period of the term of this
Agreement and that of any grant, deed of trust/mortgage, covenant documents, the
Owner(s)shall:
4.07.1 maintain the Property in a safe and sanitary condition at all times.
4.07.2 ensure that all real estate taxes and special assessments are paid and kept
current.
4.07.3 maintain insurance against loss or damage to the Property in an aggregate
amount sufficient to protect the City's interest in the Property. Such property
insurance policy must be properly endorsed showing the City as an additional
insured. In the event of loss or damage, the Owner shall provide immediate
written notification to the City of any loss. Proceeds from any claim under this
policy may, at the discretion of the Director, be either applied to restore or
replace the improvements damaged or be paid to the City to satisfy the Owner's
obligation to the City under the terms of this Agreement.
4.08 Davis-Bacon Labor Standards. Not required—see Exhibit"F",Exemption Checklist.
4.09 Property Standards (24 C.F.R. 92.251). During the construction period, the Owner shall
ensure that all work performed and the Construction Work meets all state, federal, and
local laws, ordinances, regulations and codes, including but not limited to, Section 8
Housing Quality Standards for Existing Homes (HQS) as established by HUD, the City
of Omaha Property Rehabilitation Standards, and accessibility requirements, where
applicable.
4.09.1 After completion of Construction Work, the Property must comply with all
appropriate City codes and ordinances, Federal Section 8 Housing Quality
8 Revised and approved 7/24/2012
Standards and with fire safety codes (24 C.F.R. 570.02), City of Omaha
Property Rehabilitation Standards and accessibility requirements, if applicable.
4.10 Affirmative Marketing Policy(24 C.F.R. 92.351). The Owner agrees to comply with the
City's Affirmative Marketing Policy, attached hereto as Exhibit "G" and incorporated
herein by this reference as though fully set forth. These affirmative marketing procedures
must be employed in the advertising and marketing of this Project for the Affordability
Period and must be submitted on an annual basis in accordance with Section 5.03.2
herein. In marketing, the Owner shall also conform to the nondiscrimination provisions
hereinafter set forth in Section 5.06.1.2.
4.11 Maintenance of Property. The Owner shall maintain the Property in a safe and sanitary
condition to the extent possible during the construction phase of the Project.
SECTION 5. GENERAL ADMINISTRATIVE REQUIREMENTS OF OWNER(S).
Owner(s)agree(s)to comply with the following requirements:
5.01 Financial Management.
5.01.1 Accounting Standards. The Owner agrees to comply with OMB Circular A-
110 and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls and maintain necessary source
documentation for all costs incurred. (Exhibit "C", attached hereto and
incorporated herein as though fully set forth).
5.01.2 Cost Principles. The Owner shall comply with the requirements and the
standards of OMB Circular No. A0122, "Cost Principles for Nonprofit
Organizations"(Exhibit"H"), and with the requirements of OMB Circular A-110
(Exhibit "C"). Both exhibits are attached hereto and incorporated herein as
though fully set forth.
5.01.3 Audits. The Owner shall comply with all provisions and regulations of the
Program and have an annual audit completed in compliance with OMB
Circular A-133, attached hereto as Exhibit "I", and incorporated herein as
though fully set forth. A copy of the audit shall be provided to the Director.
The auditor shall determine the appropriate type of audit to be conducted; i.e.,
limited scope or full compliance. A single audit is not an allowable expense
unless the Owner expends total federal funds over $500,000.00 in each fiscal
year. A limited-scope audit may be allowable provided the auditor conducts
the audit in accordance with generally accepted auditing standards and the
Owner expends less than$500,000.00 in each fiscal year.
5.01.3.1 Any deficiencies noted in audit reports must be fully cleared by the
Owner within 30 days after receipt of audit by the Owner. Failure of
the Owner to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the
withholding of future payments and may constitute a default subject
to default remedies referenced herein in Section 9.
9 Revised and approved 7/24/2012
5.02 Documentation and Record-keeping (24 C.F.R. 92.508). All Owner's records with
respect to any matters covered in this Agreement shall be made available to the City, its
designees or the federal government at any time during normal business hours, as often as
the City deems necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any contract entered into by the Owner with any contractor or
subcontractors shall include this Section to ensure said access.
5.03. Reports. The Owner shall submit to the City the following reports with the submission
timelines as specified:
5.03.1 Construction Progress Reports. The Owner shall provide reports to the
Director(AIA G702 Form or comparable document)describing the progress of
construction and any significant problems and/or delays in construction on this
project. Reports will be submitted at the time of each pay request, or by the
15th day of each month if no pay request is made before the 15th day of the
month (or upon written request from the Director, but no more frequently than
monthly). The progress reports are required until such time as all Construction
Work is completed and the City issues the final payment of construction to the
Owner.
5.03.2 Occupancy Report. The Owner shall provide the Director an initial tenant
survey and utility allowance forms, a copy of the executed lease agreement
between the occupant and the Owner,and an asset income computation form at
the time of initial lease execution for each tenant occupying the property. The
Owner shall also provide annual reports during the Affordability Period,
identifying the occupants of the Property. Subsequent annual reports shall be
due January 31 and shall include all information up to and including the end of
the previous calendar year. Attached as Exhibit "J", and incorporated herein
by this reference as though fully set forth, is a copy of requisite forms.
For each household or individual occupying a unit/bedroom in the Property,the
Owner shall retain the following records for five (5) years after the required
Affordability Period as specified in Section 1.13 of this Agreement. In the
event the Term of the Agreement would be extended, the timeframe for record
retention would be extended correspondingly:
5.03.2.1 name of tenant
5.03.2.2 address of unit
5.03.2.3 household income as a percent of Median Family Income (MFI)as
determined by HUD, income verification forms used in
determining MFI including the City's Computing Annual Income
Form(Exhibit"D")
5.03.2.4 household size
5.03.2.5 gender of head of household member
5.03.2.6 name and age of each household member
5.03.2.7 race/ethnicity of head of household(Exhibit"J")
5.03.2.8 disability status of any household member
5.03.2.9 annual lease agreement
5.03.2.10 evidence of affirmative marketing efforts
5.03.2.11 income determination of occupants(Exhibit"J")
5.03.2.12 tenant income(Exhibit"J")
10 Revised and approved 7/24/2012
5.03.2.13 over-income tenants
5.03.2.14 tenant and participant protections(Exhibit"J")
5.04 Financial Status Reports. Owner shall submit financial status reports (OMB Circular A-
110)(Exhibit"C")along with pay requests. These reports shall accompany pay requests.
In the event pay requests are not submitted for ninety (90) days, a financial status report
shall be due, at a minimum, 15 calendar days from the end of the calendar year quarter.
Attached as Exhibit "K" and incorporated herein by this reference as though fully set
forth, is a sample financial status report.
5.05 Record Retention. The Owner, its contractors and its subcontractors shall maintain such
records and accounts, including property, personnel and financial records, as are deemed
necessary by the City to assure a proper accounting for all expenses. The Comptroller
General of the United States, or any of their duly authorized representatives, or any duly
authorized representatives of the City, as approved by the Director, shall have access to
any books, documents, papers, records and accounts of the Owner, Contractor, or
subcontractors which are directly pertinent to this Project for the purpose of making
audit, examination, excerpts and transcriptions. Such records and accounts shall be
retained for five (5) years after expiration of the Affordability Period (OMB Circular
A0110) (Exhibit "C"). In the event the Term of the Agreement would be extended, the
timeframe for record retention would be extended correspondingly.
5.06 Personnel and Participant Conditions.
5.06.1 Contract Compliance Clause.
5.06.1.1 Section 10-192 of the Omaha Municipal Code, Equal Employment
Opportunity Clause. The contractor and its sub-contractor shall not
discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender
identity, national origin, familial or handicap status. As used herein,
the word "treated" shall mean and include, without limitation, the
following: recruited, whether by advertising or by other means;
compensated; selected for training, including apprenticeship;
promoted;upgraded; demoted; downgraded;transferred; laid off; and
terminated. The contractor and its sub-contractor agree to and shall
post in conspicuous places,available to employees and applicants for
employment, notices to be provided by the contracting officers
setting forth the provisions of this nondiscrimination clause.
5.06.1.2 The contractors and its subcontractors shall, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color,
sex, age, sexual orientation, gender identity, national origin, familial
or handicap status.
5.06.1.3 The contractors or its subcontractors shall send to each representative
of workers with which he has a collective bargaining agreement or
other contract or understanding a notice advising the labor union or
workers' representative of the contractor's commitments under the
11 Revised and approved 7/24/2012
equal employment opportunity clause of the City and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
5.06.1.4 The contractors or its subcontractors shall furnish to the Human
Rights and Relations Department all federal forms containing the
information and reports required by the federal government for
federal contracts under federal rules and regulations, including the
information required by Sections 10-192 to 10-194, inclusive, of the
Omaha Municipal Code and shall permit reasonable access to
his/her/its records. Records accessible to the Human Rights and
Relations Department shall be those which related to Paragraphs
5.06.1.1 through 5.06.1.7 of this subsection and only after reasonable
notice is given to the contractor. The purpose of this provision is to
provide for investigation to ascertain compliance with the program
provided herein.
5.06.1.5 The contractors or its subcontractors shall take such actions with
respect to any subcontractor as the City may direct as a means of
enforcing the provisions of Paragraphs 5.06.1.1 through 5.06.1.7
herein, including penalties and sanctions for noncompliance;
however, in the event the contractor becomes involved in or is
threatened with litigation as the result of such directions by the City,
the City will enter into such litigation as is necessary to protect the
interests of the City and to effectuate the provisions of this division,
and, in the case of contracts receiving federal assistance, the
contractor or the City may request the United States to enter into
such litigation t protect the interests of the United States.
5.06.1.6 The contractors shall file and shall cause his subcontractors, if any,
to file compliance reports with the contractor in the same form and to
the extent as required by the federal government for federal contracts
under federal rules and regulations. Such compliance reports shall
be filed with the City Human Relations Department. Compliance
reports filed at such times as directed shall contain information as to
the employment practices, policies, programs and statistics of the
contractor and his subcontractors.
5.06.1.7 The contractors or its subcontractors shall include the provisions of
Paragraph 5.06.1.1 through 5.06.1.7 of this section, "Equal
Employment Opportunity Clause", and Section 10-193 in every
contract, subcontract or purchase order so that such provisions will
be binding upon each subcontractor or vendor. (Code 1980, Section
10-192; Ord.No. 35344, Sections 1,9-26-00)
5.06.2 Workers' Compensation. The Owner shall provide Workers' Compensation
Insurance coverage in accordance with the requirements of the State of
Nebraska for all employees involved in the performance of this Agreement.
5.06.3 Employment Insurance and Bonding. The Owner shall purchase a blanket
fidelity bond covering all employees, at a minimum, in an amount equal to cash
12 Revised and approved 7/24/2012
advances from the City. The Owner shall comply with bonding and insurance
requirements of OMB Circular A-110(Exhibit"C"),Bonding and Insurance.
5.06.4 Section 3 — Employment of Low-Income Persons (Section 3 of HUD Act of
'68 as Amended, 1 U.S.C. 1701u). The Owner shall make its best efforts to
comply with Section 3. The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3, shall to the greatest extent feasible, be
directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
5.06.5 Conflict of Interest. The Owner agrees to abide by the provisions of 24 C.F.R.
92.356 with respect to conflict of interest, and covenants that it presently has
financial interest and shall not acquire any financial interest, direct or indirect,
which would conflict in any manner or degree with the performance of services
required under this Agreement. The Owner further covenants that in the
performance of this Agreement no person having such a financial interest shall
be employed or retained by the Owner hereunder. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer
or elected official or appointed official of the City or any designated public
agencies or Owner which are receiving funds under the entitlement program.
5.06.6 Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-
114, the Developer/Owner/Subrecipient agrees to comply with the
requirements of 5.06.6 and 5.06.7.
The Developer/Owner/Subrecipient shall include the following language in all
contracts and subcontracts for the physical performance of services: "The
Contractor is required and hereby agrees to use a federal immigration
verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska. A federal
immigration verification system means the electronic verification of the work
authorization program authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.0 1324a, known as the E-verify
Program, or an equivalent federal program designated by the United States
Department of Homeland Security or other federal agency authorized to verify
the work eligibility status of a newly hired employee. If the Contractor is an
individual or sole proprietorship,the following applies:
a) The Contractor must complete the United States Citizenship Attestation
form available on the Department of Administrative Services website at
www.das.state.ne.us.
b) If the Contractor indicates on such attestation form that he or she is a
qualified alien,the Contractor agrees to provide the U.S. Citizenship and
Immigration Services documentation required to verify the Contractor's
lawful presence in the United States using the Systematic Alien
Verification for Entitlements(SAVE)Program.
c) The Contractor understands and agrees that lawful presence in the United
States is required and the Contractor may be disqualified or the contract
13 Revised and approved 7/24/2012
terminated if such lawful presence cannot be verified as required by Neb.
Rev. Stat.4-108."
The Developer/Owner/Subrecipient shall have each person/applicant signing the
application for a benefit under this agreement execute a United States Citizenship
Attestation Form for Public Benefit (Exhibit"M") verifying eligibility status for
the purposes of receiving a public benefit.
5.06.7 Employee Classification Act. To comply with the Nebraska Employee
Classification Act, all general contractors and subcontractors who perform
construction or delivery service pursuant to this contract shall submit to the
City an Affidavit for Employee Classification Act (Exhibit "N") attesting that
(1) each individual performing services for such contractor is properly
classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the
Act:"), (2) such contractor has completed a federal I-9 immigration form and
has such form on file for each employee performing services, (3) such
contractor has complied with Neb. Rev. Stat Section 4-114 (federal
immigration verification system),(4)such contractor has no reasonable basis to
believe that any individual performing services for such contractor is an
undocumented worker, and(5)as of the time of the contract, such contractor is
not barred from contracting with the state or any political subdivision pursuant
to the Act. The contractor shall follow the provisions of the Act. A violation
of the Act by a contractor is grounds for rescission of the contract by the City.
SECTION 6. OWNER COMPLIANCE WITH OTHER FEDERAL REGULATIONS.
6.01. Environmental Review. The Owner agrees to comply with the following regulations
insofar as they apply to the performance of this Agreement:
6.01.1 Clean Air Act,42,U.S.C., 1857 et seq.
6.01.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended 1318 relating to inspection, monitoring entry, reports and
information, as well as other requirements specified in Section 114 and Section
308, and all regulations and guidelines issued thereunder.
6.01.3 Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part
50, as amended.
6.01.4 National Environmental Policy Act of 1969.
6.01.5 HUD Environmental Review Procedures(24 C.F.R.Part 58).
6.01.6 Flood Disaster Protection Act of 1973 (24 U.S.C. 4106 and P.L. 2234) in
regard to the sale, lease or other transfer of land acquired, cleared or improved
under the terms of the Agreement as it may apply to provisions of this
Agreement.
6.01.7 Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation
14 Revised and approved 7/24/2012
Procedures for Protection of Historic Properties, insofar as they apply to the
performance of this Agreement. In general,this requires concurrence from the
State Historic Preservation Office for all rehabilitation and demolition of
historic properties that are 45 years old or older or that are included on a
federal, state or local historic property list.
6.02 Uniform Relocation Act. The Owner shall comply with the applicable regulations of the
Uniform Relocation Act of 1970, as amended (URA)(42 U.S.C. 4601-4655), or Section
104 (d) of the Housing and Community Development Act of 1974, as amended (Section
104 (d)), which requires relocation assistance be provided to resident owners, tenants,
businesses and other occupants that are displaced as a result of a federally-assisted
project. In the event that the Owner or its agent displaces any tenant-occupant of the
property, it shall immediately notify the City in writing of the circumstances surrounding
said displacement and comply with 24 C.F.R. 92.353.
6.03 Soil Work Policy. The Owner will comply with the Soil Work Policy for Housing
Development Program projects that may involve the removal of structures, installation
of public infrastructure and site preparation work prior to the construction of new
residential structures. (See Attachment 6.)
SECTION 7. RESPONSIBILITIES OF THE CITY.
7.01 Performance Monitoring. The City will monitor the performance standards of the Owner
as stated herein. Substandard performance as determined by the City will constitute non-
compliance with this Agreement. If action to correct such substandard performance is
not taken by the Owner within a reasonable period of time after being notified by the
City,contract suspension or termination procedures may be initiated.
7.02 Payments. It is expressly agreed and understood that the total amount to be paid by the
City under this Agreement shall not exceed $30,634 in HOME RRP funds, plus
reasonable and eligible closing costs. The payment of these funds is subject to and
conditioned upon actual receipt by the City of the same. Should adequate funding not be
available to the City, the City shall notify the Owner as soon as reasonably possible and
the Agreement will be terminated.
7.02.1 Funds Allocated to the Owner. Funds allocated to the Owner shall be in the
form of a deferred payment loan for the purposes set forth in this Agreement.
Payments will be contingent on Duties and Conditions specified herein. Draw-
downs for the payment of eligible expenses shall not be made until the funds
are needed based upon the value of the construction, administration, or
professional service work completed at the time the payment request is made.
7.02.2 Obligation for Payment. In no event shall the City become obligated to make
any payments for any work performed, materials furnished, expense incurred,
or any other expenditure of any kind whatsoever, unless same is expressly
included in this Agreement; nor shall the City incur any liability hereunder,
unless and until the Owner has timely and fully complied with its duties and
obligation hereunder. No payments shall be made for any work, labor,material
or expenses incurred in which the Director deems it to be:
15 Revised and approved 7/24/2012
7.02.2.1 not in conformance with applicable state, federal and/or local laws,
including but not limited to, the building, plumbing and/or electrical
codes; or,
7.02.2.2 not in conformance with all plans, working drawings and/or
specifications as approved;or,
7.02.2.3 unacceptable or substandard; or,
7.02.2.4 not in accordance with this Agreement or related contracts as
approved for this Project.
7.03 Progress Payments. Progress payments and final payment, as may be authorized by the
Director or his designated representative,are subject to:
7.03.1 Receipt,verification and approval of a lien waiver and an AIA Document G702
"Application and Certificate for Payment" or comparable document, such
document being prepared by the Owner's architect or authorized person and
approved by the Owner and the City Construction Specialist before being
submitted to the Planning Department for payment. All documents for each
pay request submission must be forwarded directly to the Planning Department
Construction Specialist assigned to the Project. This shall include all
Application and Certificate for Payment (AIA Document G702 or comparable
document) for the entire Project. This also includes pay requests that do not
require City funds.
7.03.2 Receipt of requisite financial status reports.
7.03.3 The Owner is required t pay out the entire portion of the Owner cash according to
Section 2, Paragraph 2.02 during construction before the City will disburse the
HOME RP funds. The Owner must comply with requirements referenced in
Paragraph 7.03.1 above, submitting AIA Documents G702 "Application and
Certificate for payment" or comparable document, as well as other supporting
payment request documents. The City will review these documents to ensure
that the Owner has paid its portion of the project costs as indicated in Section 2,
Paragraph 2.02. Upon verification by the City that all of the Owner's funds have
been paid, the City can disburse HOME RRP funds according to completion of
construction work as evidenced by the payment request documents submitted by
the Owner.
7.03.4 A 10% retainage of City HOME RRP funds will be held by the City until all
punch list items have been corrected to the satisfaction of the Owner and the City
Construction Specialist assigned to this project, and until the Project Completion
requirements as stated in Section 1,Paragraph 1.11 are satisfied.
7.04 Inspections. The City may perform periodic inspections at any reasonable time to ensure
compliance with this Agreement. The City shall perform final inspection to certify
Project completion prior to final disbursement of HOME proceeds. In addition,the City
shall perform on-site inspections of Property every three years for projects containing 1
to 4 units; every two years for projects containing 5 to 25 units; and every year for
16 Revised and approved 7/24/2012
projects containing 26 or more units. Inspections must be based on a sufficient sample of
units.
7.05 Technical Assistance. The Director shall assist the Owner in the same manner the
Director provides technical assistance to other Owners during the construction phase to
ensure compliance with such housing quality standards and property rehabilitation
standards.
SECTION 8. MUTUAL AGREEMENTS BETWEEN CITY AND OWNER(S).
8.01 Release of Information Laws. The Owner specifically hereby states, agrees and certifies
that it is familiar with the limited purpose set forth in the Federal Laws, Rules and
Regulations, and in the laws of the State of Nebraska, for which personal information
requested may be used and that the information received will be used solely for those
limited purposes and not to harass, degrade or humiliate any person. The information
released shall be used for the limited purposes stated, and the Owner further agrees to
indemnify and hold harmless the City of Omaha for any liability arising out of the
improper use by the Owner of information provided.
8.02 Applicable Laws. Parties to this Agreement shall conform with all existing and
applicable City ordinances, resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the term and the performance
under this Agreement.
8.03 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct or
indirect, in any City agreement. Any violation of this section with the knowledge of the
person or corporation contracting with the City shall render the Agreement voidable by
the Mayor or Council.
8.04 Independent Contractor. Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Owner shall at all times remain an
independent contractor with respect to the services to be performed under this
Agreement. The City shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Worker's
Compensation Insurance as the Owner is an Independent Contractor.
8.05 Project Roles. The Owner shall ensure that the Project meets the objectives stated herein.
The City has selected the Owner to assist in the Project since it is consistent with the
Consolidated Plans. With respect to this Project, the City is not acting as the Owner's
architect or engineer. The City makes no warranties, express or implied, as to the
Construction Work. The City owes no duty to the Owner or any other persons that shall
arise because of any inspection of the premises by the City's agents or employees.
8.06 Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written agreement,
lease or deed of any type.
17 Revised and approved 7/24/2012
8.08 Modification. This Agreement and any related documents securing the financing contain
the entire agreement of the parties. No representations were made or relied upon by
either party other than those that are expressly set forth herein. No agent,employee, or
other representative of either party is empowered to alter any of the terms herein unless
done in writing and signed by an authorized officer of the respective parties, pursuant to
Section 10-142 of the Omaha Municipal Code.
8.09 Assignment. The Owner may not assign its rights or obligations under this Agreement
without the express
8.10 Strict Compliance. All provisions of this Agreement and each and every document that
shall be attached shall be strictly complied with as written, and no substitution or change
shall be made without written direction from authorized representatives of the parties.
8.11 Termination. This Agreement may be suspended or terminated in accordance with 24
C.F.R. 85.43, Enforcement or C.F.R. 85.44, Termination for Convenience (Exhibit"L"),
attached hereto and incorporated herein by this reference as though fully set forth). Upon
termination of this Agreement, all funds and interest in any account hereunder shall
become the property of the City and shall be returned to the City.
8.12 Reversion of Assets. Upon the expiration of this Agreement, the Owner shall transfer to
the City of Omaha any HOME funds on hand at the time of expiration and any accounts
receivable attributable to the use of HOME funds(24 C.F.R. 92.504(c)(2)(vii)).
8.13 Indemnification. The Owner shall indemnify and hold the City harmless from and
against: 1)any and all claims arising from contracts between the Owner and third parties
made to effectuate the purposes of this Agreement; and 2)any and all claims, liabilities or
damages arising from the preparation or presentation of any of the work covered by this
Agreement.
8.14 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall,as to such jurisdiction,be in effect to the extent of
such prohibition or enforceability without invalidating the remaining provisions hereof or
affecting the validity or enforceability of such provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Owner shall certify and disclose, to the best of its
knowledge and belief,that:
8.15.1 No federal appropriated funds have been paid or will be paid, by or on behalf
of the Owner, to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract,the making of any federal
grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or
modification of any federal contract,grant,loan or cooperative agreement.
8.15.2 If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan or cooperative agreement, the Owner shall
18 Revised and approved 7/24/2012
complete and submit standard Form LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
8.15.3 The language of this certification be included in the award documents for all
subawards at all tiers, (including subcontracts, subgrants and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
8.16 Notices. The City and the Owner hereby expressly agrees that for purposes of notice,
including legal service or process, during the term of this Agreement, and for the period
of any applicable statute of limitations thereafter, the following named individuals shall
be authorized representatives of the parties:
1) City 2) Owner:
City of Omaha Brian Cloudt
Planning Department 5339 North 60th Street
1819 Farnam Street, Suite 1100 Omaha,Nebraska
Omaha,NE 68183 68104
In the event the authorized representative changes during the term of this Agreement,
prior written notice will be given to the respective party at the address noted above.
8.17 Applicability. This Agreement shall be binding upon the parties hereto and shall run with
the Property.
SECTION 9. DEFAULT PROVISIONS.
9.01 Remedies. If, through any cause, the Owner shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof, the City may upon written notice, terminate this
Agreement or such parts thereof as to this Agreement, and may initiate foreclosure
proceedings for any damages caused to the City by reason of such default and
termination.
19 Revised and approved 7/24/2012
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated
below:
ATTEST" CITY OF OMAHA
C CLERK O THE CITY OF O MA •OR OF THE CITY OF OMAHA
WITNESS:
B "2r7.1 (Y 4 By:
Brian Cloudt
DATE DATE 9
APPROVED AS TO FORM:
A ASSISTANT CITY ORNEY
20 Revised and approved 7/24/2012
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.02 Warranty Deed to Property
B 1.08.1,3.01.7 HOME Deferred Payment Loan (DPL) Promissory
Note and Acknowledgement of Covenant Running
with the Land for HOME Rental Rehabilitation
Program Loan Agreement
C 1.12,3.01.1,5.01.1 OMB Circular A-110
5.01.2,5.04,5.05
and 5.06.3
D 1.15, 1.15.1 Median Family Income Chart and
and 2.01.1 HOME Program Rents
E 1.18 Defmition—Program Income
F 4.08 Davis-Bacon Exemption Checklist
G 4.10 Affirmative Marketing Policy
H 5.01.2 OMB Circular A-122
I 5.01.3 OMB Circular A-133
J 5.03.2 Occupancy Report (Tenant Survey, Utility
Allowance, Computing Annual Income Form,
Definitions for Race, Ethnicity, Income
Determinations, and Tenant and Participant
Protections
K 5.04 Financial Status Reports
L 8.11 Termination—24 C.F.R. 85.43—85.44
M 5.06.6 U.S. Citizenship Attestation For Public Benefit
N 5.06.7 Employee Certification Act Affidavit
ATTACHMENTS:
1. City of Omaha Definition of Income
2. Equal Opportunity
3. Section 3 Clause
4. Minority and Women Business Plan
5. Soil Work Policy
6. Cost Certification
7. HOME Subsidy Layering
21 Revised and approved 7/24/2012
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City annually receives HOME Investment Partnerships Program
(HOME) funds under Title II of the National Affordable Housing Act of 1990, for the purpose of
providing affordable housing opportunities benefiting low- and moderate-income residents; and,
WHEREAS, the Mayor recommended various projects in the 2011 Consolidated
Submission for Community Planning and Development Programs (Consolidated Plan); and,
WHEREAS, the City Council approved the 2011 Consolidated Plan on December
14, 2010 by Resolution No. 1356 which included the Rental Rehabilitation Program; and,
WHEREAS, the City wishes to enter into an agreement with the Owner to assist
the City in utilizing such HOME funds; and,
WHEREAS, this property is located at 6759 Franklin Street which is to be
occupied by a qualified low- to moderate-income family whose annual household income is 80%
and below the Median Income by Family Size; and,
WHEREAS, the total estimated project cost is $47,986.00 consisting of
$17,352.00 in a Deferred Payment Loan, $13,282.00 in a Grant for lead hazard work and radon
services and $17,352.00 in private match funds.
WHEREAS, this project is in the best interest of the residents of the City of
Omaha and those residing therein.
WHEREAS, the Project is eligible for funding under the FY 2011 HOME Rental
Rehabilitation Program and $30,634.00 as identified above was allocated to the Project; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
c 2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Deferred Payment Loan and Grant Agreement, as
recommended by the Mayor, to provide funding in the amount of $30,634.00 for the
rehabilitation and lead reduction work to the property located at 6759 Franklin Street, Omaha,
NE 68104 owned by Brian Cloudt, 5339 North 60th Street, Omaha, NE 68104, is hereby
approved. Funds in the amount of $30,634.00 shall be paid from the HOME Program Fund,
Fund No. 12179, Org. No. 128033.
APPROVED AS TO FORM:
'
`- ' 'l�-v LX.� �f 1! t�..-��1�/ `ram'
a-
-' I l ATTORNEY DA' IJ
1818 dlh
•
By
Co icc member
Adopted - 5..2013.
islo
City Clerk S/T,3
Approved t-e:::;c,ede"--
„c4r
Mayor
f4)///#6-17
NO. :1CT
Resolution by
Res. that, the attached Deferred Payment
Loan and Grant Agreement, as recommended
by the Mayor, to provide funding in the
amount of $30,634.00 for the rehabilitation
and lead reduction work to the property
located at 6759 Franklin Street, Omaha, NE
68104 owned by Brian Cloudt, 5339 North
60t" Street, Omaha, NE 68104, is hereby
approved. Funds in the amount of$30,634.00
shall be paid from the HOME Program Fund,
Fund No. 12179, Org. No. 128033.
1818 dlh
Presented to City Council
MAR - 5 2013
Adopted
etiiter° grown
City Clerk