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RES 2011-0713 - Agmt for lead-based paint hazard control at 6731 Florence Blvd ;0��21AHA,NFa� Planning Department c,�►-,,� v RreFIyt ., Omaha/Douglas Civic Center ,y)r+%`y 1819 Farnam Street,Suite 1100 z -' Omaha,Nebraska 68183 V. 1 Y 27 tO.. 0 (402) 114 5150 pA Telefax(402)444-6140 OR'TtD FEBR�r4� r C t Y C aR i t R.E.Cunningham,RA,F.SAME City of Omaha 0t=+AAA, tsEtsa} rkt. Director Jim Suttle,Mayor ^� June 7, 2011 Honorable President and Members of the City Council, The attached Resolution approves a grant agreement for a lead-based paint hazard control project at the property at 6731 Florence Boulevard, Omaha, NE 68112; James K. Liest, owner. The agreement provides funding from the Lead-based Paint Hazard Control funds. The contractor is GB Environmental Services, LLC. The Planning Department Financing Guidelines for the Lead-based Paint Hazard Control Program provides up to $30,000.00 per single-family home. This single-family home was competitively bid with the lowest bid received at $31,269.00. The Planning Department believes this bid is reasonable for the lead-based paint hazard control work on this property based on the certified cost estimate and the bids received. The Liest's total household income is 61.49% of Median Income by Family Size as established by the Department of Housing and Urban Development. This household includes one child under the age of six. The project funding is comprised of$31,269.00 from the Lead-based Paint Hazard Control program. These funds shall be paid from FY 2011 Lead-based Paint Hazard Control Program Fund No. 12136, Organization No. 128104. The rehabilitation of this single-family home meets the requirements of the Lead-based Paint Hazard Control Program, and is consistent with the HUD Lead-based Paint Hazard Control Grant Award No. NELHB0479-10, approved on March 8, 2011 by City Council Resolution No. 248. ks Dire Date CITY COUNCIL APPRO REQUIRED Y N V (. } APPROVED '`. - V V , CITY COUNCIL RESOLUTION # - V ( ) DENIED DATE PASSED • . ANNUAL LEASE FEE $ V DATE LEASE ESTABLISHED • Other Applicable Director . Date BY • (FINANCE DEPT.) . ) 0 I- W c .zS 1-. 1-. Q 1- O 1- Q ��( - o o Em Z Q Q J N 0 co co N W Q N CO CO " O Q Q f La Z u) I Z 2 V) co a a. V) u) �r LL N N tf) C� CA r Cr N- O .- t r N Cr) C) d' r d' 0 0 CO <i' O aY O d C H E to O N t- co co O Cr) N O Q 0 a O o 0 N W O r r N r) Ch m Cr) ' mt tI) 0) ..] to W o i. W - A tl. �, m X = a m G.) a - I-- UJ F- el n C) w F- ¢¢� U 0 cf) to p af Z cn F- w o 1- J c• -p ' I=- I=- < Zp 1=- >< F o ° al — Cu O C D W co ch } I-- N CO NY Q Cl. M O Q Q o Z c!) Z° cn 0 a. a. c' M c c Z U) o O rY O - +. s E r- N CO O V'LO CO - '- 0 CO') V' a o C F . LC) 0) N r r CO CO O (Y) N O 1- O Q O (� ele N W W O r- r N CO M CO CO V' V' in 0) O W O CO b Z' w a m H wi .2 >, Q, < aI-- W I-- CI 2 C] W S'�i. . J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such I Honorable President and Members of the City Council Page 2 • The Contractor 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 Contractor to ensure compliance with the Contract Compliance Ordinance. • Your favorable consideration of this Resolution will be appreciated. Sincerely, Referred to City Council for Consideration: 0Alt.—..1i'fa1/S l( (A)Cc..;, 1--e.��.)4.r�1 S) 191 l I ' . E. C '..ham, ': SAME Date Mayor's Office Date Plannin:; l irector ," Approved as to Funding: Approved: 1 � . =a5-) in�\ Flo 6Ill.rn� Pam Spaccarotella - ate Tom Marfisi f - Date Finance Director .11 Human Rights and Relations Director Z Plnlsf1529-cover letter g Department Financing Guidelines for the Lead-based Paint Hazard Control Program provides up to $30,000.00 per single-family home. This single-family home was competitively bid with the lowest bid received at $31,269.00. The Planning Department believes this bid is reasonable for the lead-based paint hazard control work on this property based on the certified cost estimate and the bids received. The Liest's total household income is 61.49% of Median Income by Family Size as established by the Department of Housing and Urban Development. This household includes one child under the age of six. The project funding is comprised of$31,269.00 from the Lead-based Paint Hazard Control program. These funds shall be paid from FY 2011 Lead-based Paint Hazard Control Program Fund No. 12136, Organization No. 128104. The rehabilitation of this single-family home meets the requirements of the Lead-based Paint Hazard Control Program, and is consistent with the HUD Lead-based Paint Hazard Control Grant Award No. NELHB0479-10, approved on March 8, 2011 by City Council Resolution No. 248. ks Dire Date CITY COUNCIL APPRO REQUIRED Y N V (. } APPROVED '`. - V V , CITY COUNCIL RESOLUTION # - V ( ) DENIED DATE PASSED • . ANNUAL LEASE FEE $ V DATE LEASE ESTABLISHED • Other Applicable Director . Date BY • (FINANCE DEPT.) . ) 0 I- W c .zS 1-. 1-. Q 1- O 1- Q ��( - o o Em Z Q Q J N 0 co co N W Q N CO CO " O Q Q f La Z u) I Z 2 V) co a a. V) u) �r LL N N tf) C� CA r Cr N- O .- t r N Cr) C) d' r d' 0 0 CO <i' O aY O d C H E to O N t- co co O Cr) N O Q 0 a O o 0 N W O r r N r) Ch m Cr) ' mt tI) 0) ..] to W o i. W - A tl. �, m X = a m G.) a - I-- UJ F- el n C) w F- ¢¢� U 0 cf) to p af Z cn F- w o 1- J c• -p ' I=- I=- < Zp 1=- >< F o ° al — Cu O C D W co ch } I-- N CO NY Q Cl. M O Q Q o Z c!) Z° cn 0 a. a. c' M c c Z U) o O rY O - +. s E r- N CO O V'LO CO - '- 0 CO') V' a o C F . LC) 0) N r r CO CO O (Y) N O 1- O Q O (� ele N W W O r- r N CO M CO CO V' V' in 0) O W O CO b Z' w a m H wi .2 >, Q, < aI-- W I-- CI 2 C] W S'�i. . J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such • GRANT AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF OMAHA, a Municipal Corporation of the Metropolitan class in the State of Nebraska(hereinafter referred to as CITY)and, James K.Liest hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 6731 Florence Boulevard and legally described as follows,to wit: The West 140 Feetof Lot 18 and the West 140 Feet of the North one-half of Lot 19, Block 1, Parkwood Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska(commonly known as 6731 Florence Boulevrad) (hereinafter referred to as the PROPERTY); and, WHEREAS, the CITY has received Lead-based Paint Hazard Control Program funds awarded to the City from the United States Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control; and, WHEREAS, the City has received Lead-based Paint Hazard Control Program funds awarded to the City in Nebraska Revised Statues 66-1519 2 (i) through the Nebraska Department of Environmental Quality (NDEQ) to carry out the Federal Residential Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq.; and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development; and, WHEREAS, the City receives funds pursuant to an Agreement with the United States Department of Housing and Urban Development, pursuant to the Housing and Community Development Act of 1974, Title 1; and, WHEREAS, funds from various sources may be combined in one project; and, WHEREAS, the OWNER(S) desire to use a portion of such funds for the purpose of controlling lead- based paint hazards in the PROPERTY; and, WHEREAS, the parties wish to agree upon the terms and conditions that the OWNER(S) must abide to having accepted a grant of such funds for lead-based paint hazard control. • -1- EQUAL HOUSING OPPORTUNITY and d approved 7/16/2010 OPPO PROVED '`. - V V , CITY COUNCIL RESOLUTION # - V ( ) DENIED DATE PASSED • . ANNUAL LEASE FEE $ V DATE LEASE ESTABLISHED • Other Applicable Director . Date BY • (FINANCE DEPT.) . ) 0 I- W c .zS 1-. 1-. Q 1- O 1- Q ��( - o o Em Z Q Q J N 0 co co N W Q N CO CO " O Q Q f La Z u) I Z 2 V) co a a. V) u) �r LL N N tf) C� CA r Cr N- O .- t r N Cr) C) d' r d' 0 0 CO <i' O aY O d C H E to O N t- co co O Cr) N O Q 0 a O o 0 N W O r r N r) Ch m Cr) ' mt tI) 0) ..] to W o i. W - A tl. �, m X = a m G.) a - I-- UJ F- el n C) w F- ¢¢� U 0 cf) to p af Z cn F- w o 1- J c• -p ' I=- I=- < Zp 1=- >< F o ° al — Cu O C D W co ch } I-- N CO NY Q Cl. M O Q Q o Z c!) Z° cn 0 a. a. c' M c c Z U) o O rY O - +. s E r- N CO O V'LO CO - '- 0 CO') V' a o C F . LC) 0) N r r CO CO O (Y) N O 1- O Q O (� ele N W W O r- r N CO M CO CO V' V' in 0) O W O CO b Z' w a m H wi .2 >, Q, < aI-- W I-- CI 2 C] W S'�i. . J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such • In consideration of the mutual agreements herein contained,the parties hereto agree as follows: Section 1. The following terms shall have the following meaning for all purposes in this Agreement: a. "Construction Contract" shall mean the contract for certain construction work at the property as follows: Contractor: GB Environmental Services,LLC Date Contractor Signed: May 5,2011 LHC File No.: 10-NELHB/287 HCD File No: N/A b. "Contractor" shall mean the contractor party to the construction contract. c. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her designated representative. d. "Dwelling" shall mean the dwelling structure upon which the lead-based paint hazard control work is being performed. e. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance applicable to the premises. f. "Premises" shall mean the property dwelling and structures thereon. g. "Lead-based Paint Hazard Control Work" shall mean the Lead-based paint hazard control work agreed upon in the construction contract. h. "HUD" shall mean the U. S. Department of Housing and Urban Development. Section 2. The CITY.agrees to grant the OWNER(S) the sum of Thrity-One Thousand Two-Hundred Sixty- Nine and 00/100-- Dollars ($31,269.00) or the actual funds disbursed as shown on the HCD Loan Program Disposition of Funds Statement, provided that: a. the proceeds from this grant shall be paid-in-full to the Contractor when the City issues a certificate of completion pursuant to the construction contract and the City certifies that lead dust wipe samples have met clearance standards in accordance with HUD regulations; and b. the construction contract and any change thereto shall be first approved by the Director. c. in the event that Lead-based Paint Hazard Control Funds are not available, the Director may substitute Other Funds that may be available for the completion of the project. Section 3. This grant to the OWNER(s) shall be provided from various funding sources in the following combination: Lead-based Paint Hazard Control Funds $31,269.00 State of Nebraska NDEQ Funds $0.00 State of Nebraska Affordable Housing Trust Funds(N/A ) $0.00 Community Development Block Grant Funds $0.00 • Other Funds N/A $0.00 Total amount $31,269.00 Section 4. The OWNER(S)authorizes the CITY to make grant payments directly to the Contractor. Section 5. The OWNER(S) shall: a. own the premises and reside at the premises for a term of at least thirty-six (36) months. The thirty-six(36)month term shall begin the date of closing for this grant; and, b. only use the grant for the lead-based paint hazard control work if applicable; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 36-month term the OWNER is required to own the dwelling; and e. arrange for blood lead level testing before construction for all children under age six residing in or spending at least 12 hours per week at the premises; and, f. participate in one-on-one training on lead safe maintenance practices provided by the Planning Department or other approved training; and, -2- Revised and approved 4/12/2011 N r r CO CO O (Y) N O 1- O Q O (� ele N W W O r- r N CO M CO CO V' V' in 0) O W O CO b Z' w a m H wi .2 >, Q, < aI-- W I-- CI 2 C] W S'�i. . J.S . ONTRACTOR/OFFE 44, 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such g. continue lead-based paint hazard control maintenance practices after the project is complete. Section 6. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 7. The OWNER(S)agree, and the CITY state that the CITY: a. is not acting as the OWNER'S architect or engineer; and, b. makes no warranties, express or implied, as to the lead-based paint hazard control work; and, c. owes no duty to the OWNER(S) or any other person that shall arise because of any inspection of the premises by the City's employees; and, d. may inspect the premises at reasonable times; and, e. is held harmless for all injury and damages arising by virtue of this Agreement. Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a breach of Section 5(a), (e) or(f) herein, the CITY shall be limited to having no further obligation to disperse remaining grant sums and shall be reimbursed by the OWNER(S)a sum equal to 1/36 of the grant for each remaining month of the thirty-six month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the grant. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. • 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 5.06.7.1 and 5.06.7.2. 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 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such Section 11. 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 "B") 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. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) • _4_ Revised and approved 4/12/2011 r other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. • 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 5.06.7.1 and 5.06.7.2. 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 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such Section 12. 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 1 contracting with the CITY shall render the contract voidable by the Mayor or Council. �A -- 51/ i es K. Liest, Owner 1 Date Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this P day of pi AIL( , 20 j/ A.D., before me, 5 )/C.. Ai- SV-PV ei►1 S , a Notary Public in and for said County, personally came James K. Liest, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and he acknowledged the said instrument and the execution thereof to be his voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. of Public My Commission expire o�� , 20/V. GEN0i 111,NW aNe�aa� .IOYCE M.STEVEN$ + t ,. ."2a.2OU ATTEST CITY OF OMAHA, A Municipal Corporation „,,,,,---- z.A.A . . ,.,„,....— - - Ci lerk of the-CI of Omaha Date Ma/,,.'of the ity of Omaha Date APPROVED AS TO FORM: A Assistant City Attorney Date. -5- Revised and approved 4/12/2011 omply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. 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 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such REHABILITATION CONTRACT Loan Number: 10-NELHB/287 This Contract is between James K. Liest (Owner's Name) of 6731 Florence Boulevard , Omaha,Nebraska 68112 (Owner's Address) (City and State) (referred to herein as the "Owner" and GB Environmental Services, LLC, a Nebraska Limited Liability Company (Contractor's Name) of 4302 Maple Street , Omaha,Nebraska 68111 (Contractor's Address) (City and State) a Limited Liability Company (referred to herein as the "Contractor") warranting itself to be licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This contract is for the rehabilitation of property located at at 6731 Florence Boulevard , Omaha,Nebraska 68112 (Property Address) (City and State) (herein after referred to as the "Property"). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: PART I - SPECIFIC TERMS 1. EFFECTIVE DATE: This document shall have no force or effect unless and until executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor. The date on which the copy is received shall be referred to as the "Effective date." If a properly execced and approved copy of the Contract is not delivered to the Contractor on or before, lA\ , 2011 , (date equal to sixty (60) Date) Revised and approved 8/4/2010 - 1 - b. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. 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 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such days from date that the Contractor signs this contract), the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers materials to the Property, the Contractor shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms) and the following attachments: A. Schedule of Work (work write-up dated April 2, 2011); B. Other, (identify) (1) Part II - STANDARD TERMS (2) Section 3 Clause (3) City of Omaha Contract Compliance Ordinance (4) Change Order and/or Addendum (if applicable) 3. TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work listed in the Schedule of Work by the completion date indicated on the Proceed Order, subject to extensions approved by the Owner(s) and the City for the period of any excusable delays (including strikes, acts of God, or any other reasons beyond the control of the Owner(s) or Contractor). The Contractor agrees that time is of the essence in this Contract. • 4. CONTRACT PRICE: The Contractor agrees to accomplish work as described in the Schedule of Work in accordance with each and every term and condition of this Contract, for a total contract price of$31,269.00. The price of specific items of work is stated in _ the Schedule of Work. 5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work for which payment is requested, not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment; provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from general contractor shall be provided with each progress payment requested. Progress payments will be made up to and including 90% of the value of the work completed. Any further payment would be made when project is 100% complete. In the case of inclement. weather or any other factor that the City determines that will prevent project completion, the Contractor will be paid based on the actual amount of work completed. Final Revised and approved 8/4/2010 -2 - 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 terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such lien waivers shall be presented from the general contractor at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the Owner(s) and the City. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign-off (if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner against any lien, and the submission of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non-compliance with the terms of this Contract,and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the items set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR TO the commencement of such work. Payment for any work completed without a written and approved change order is the sole responsibility of the Owner and/or the Contractor. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the outside" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work completed at the time such payment is requested. 6. WARRANT: The Contractor warrants that all improvements, hardware, and fixtures of whatever kind of nature to be installed or constructed on the Property by the Contractor or the Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. 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.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 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: 1) The Contractor must complete the United States Citizenship Attestation Form available on the Department of Administrative Services website at www.das.state.ne.us. 2) 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. 3) The Contractor understands and agrees that lawful presence in the United States is required and.the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." 8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee Classification Act, each contractor who performs construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1) 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. Revised and approved 8/4/2010 -4- es and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. 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.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 9. PARTIES TO CONTRACT: The OWNER and CONTRACTOR agree that they are the sole parties to this Contract and are solely responsible for its performance. The parties agree that neither the City nor the United States Department of Housing and Urban Development (HUD) assumes any liability or responsibility whatsoever for the performance of any terms of this Contract. A 74(/f/ #ewner: James K. Liest ate Owner: Date Owner: Date Owner: Date Owner: Date Owner: Date 7-2/-a49 » ess Date GB Environmental Services, LLC Contractor .��1I 1 BY: Gary B. Jenki TITLE: Sole Member G !( Witness is Date Approves ,y the City on t" I b\ '-i I , 20 I , BY At/ V ame: James R. Thele TITLE: Assistant Planning Director Mailed to CONTRACTOR, and Effective on Vag/ , 20 // , Revised and approved 8/4/2010 -5 - United States is required and.the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." 8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee Classification Act, each contractor who performs construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1) 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. Revised and approved 8/4/2010 -4- es and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. 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.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such PART II STANDARD TERMS 1. INSURANCE: During the continuance of the work under this Contract, the Contractor and all subcontractors (as applicable) shall: A. Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum, the following amount of coverage: (1) No bid bond or performance bond will be required for a Rehabilitation Contract in an amount less than the Federal Government's small purchase threshold under OMB Circular A-110, currently at $100,000. On a case- by-case basis the Director of the Planning Department can require a bond if it is in the best interest of the Federal Government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. (2) Contractor's Personal Liability $1,000,000 (3) Combined Bodily Injury and Property Damage $2,000,000 (1,000,000 per occurrence) (4) Product, Including Completed Operations $1,000,000 (5) Workers' Compensation These coverages are required to protect the Contractor and the Owner from any liability or damage from injury to, or death of, any of their employees, other persons, or property wherever located, resulting from any action or operation under this Contract, or in connection with the work including liability or damage which may arise by virtue of any statute or law in force or which may hereinafter be enacted. The Contractor agrees to provide evidence to the Owner through the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for terminating this Contract at the option of the Owner. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the City shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract, the Contractor agrees as follows: Revised and approved 8/4/2010 -6- nd defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. 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.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such A The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. B The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, disability or national origin. 3. ASSIGNMENT: The Contractor agrees not to assign this Contract without written consent of the Owner and written concurrence by the City. 4. CHANGE ORDERS: The Contractor agrees not to make any changes to the Schedule of Work or the Specifications, whether or not requested to do so by the Owner, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Contract. 5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Contract in compliance with applicable requirements, including local building and housing codes where applicable, whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the Owner harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Contract. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor with respect to the Owner. The Contractor further agrees to protect, defend, and indemnify the Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. Revised and approved 8/4/2010 -7 - grees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such The Owner and the Contractor agree to hold and save harmless•the City of Omaha from any and all loss, cost, or damages of every kind, nature or description arising under this Contract. 7. ELIGIBILITY: The Contractor represents that he/she is not listed on the Disbarred and Suspended Contractor's List of the U.S. Department of Housing and Urban Development (HUD) or of the City, and further agrees not to hire or utilize as a subcontractor or supplier or any person or firm that is so listed. 8. CONDITION OF PREMISES: The Contractor agrees to keep the premises broom clean and orderly and to remove all debris as needed during the course of the work, in order to maintain work conditions which do not cause health or safety hazards. 9. LEAD BASED PAINT: The Contractor agrees to use no lead-based paint in the performance of this Contract, including the performance of any subcontractor. "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 Contractor further agrees to abide by all Federal requirements regarding lead-based paint poison prevention. Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub-Part B thereof Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners or tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint and require specific treatments according to the amount of HUD funding allocated to the Project. 10. TERMINATION: The Contractor agrees that the Owner shall have the right to declare the Contractor in default if the Contractor fails to furnish materials or perform work in accordance with the provisions of this Contract. In such event, the Owner shall be responsible for providing written notice to the Contractor by registered/certified mail of such default. If the Contractor fails to remedy such default within ten (10) working days of such notice, the Owner shall have the right to select one or more substitute contractors. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Owner through the City. The City will assure that all substitute contractors, subcontractors, suppliers, etc. are paid from the funds received from the original Contractor. Lien waivers, warranties, etc., shall be obtained just as though the original Contractor had completed the job. Any funds received from the original Contractor may be used only to correct/complete items set forth in the Schedule of Work and may not be used to complete other or extra work desired by the Owner. . 11. INSPECTION: The U.S. Government, the City, and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary Revised and approved 8/4/2010 - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such to assure that the Government, the City, or their designees are permitted to examine • and inspect the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records. The U.S. Government and the City by inspecting the premises, records, suppliers, and equipment assumes no responsibility to the Owner for defective materials or work in the rehabilitation, or to either party for any breach of this Contract by the other. 12. INTEREST OF FEDERAL AND CITY OF OMAHA PERSONNEL: The Contractor agrees that none of the following shall have any interest or benefit, direct or indirect, in this Contract for any work, supplies, or services, financed in whole or in part under this Contract: A. Any member of the governing body of the Locality; B. Any member of the governing body of the City of Omaha; C. Any officer or employee of the Locality or the City of Omaha who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant (CDBG) Program; D. Any member of or delegate to the.Congress of the United States; E. Any Resident commissioner. 13. EQUAL OPPORTUNITY: The Contractor agrees to abide by all Federal, State, and/or local regulations relative to equal opportunity to all persons, without discrimination as to race, color, handicap, sex, familial status, age, political, or religious opinions, affiliations or national origin and status with regard to 'public assistance. On agreements of$10,000 or more, the Contractor agrees to abide by the following provisions of Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which he/she may enter into in connection with this Contract. During the course of this contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex or origin. The Contractor will take affirmative action to ensure that applicants and/or employees are employed or treated during employment without regard to their race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or disability. On Agreements of $10,000 or more, the Contractor agrees to abide by the following provisions of Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which he/she may enter into in connection with this Contract. Such action shall include but not be limited to, the following: employment, upgrading, demotion Revised and approved 8/4/2010 -9- s set forth in the Schedule of Work and may not be used to complete other or extra work desired by the Owner. . 11. INSPECTION: The U.S. Government, the City, and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary Revised and approved 8/4/2010 - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the locality setting forth the provisions of this nondiscrimination clause. B. The Contractor will, 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 their race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, (or as may be amended) and of the rules, regulations, and relevant orders of the U. S. Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban Development and will permit access to his/her books, records, and accounts by the Secretary of Housing and Urban Development, or his/her designees, and the Secretary of Labor, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or Revised and approved 8/4/2010 - 10- ll steps necessary Revised and approved 8/4/2010 - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such purchase order which the property owner or the Secretary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the property owner or the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interest of the Secretary of Housing and Urban Development of the United States. 14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Contract. A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 13 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development.as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and/or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of, Federal financial assistance take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows: A. That the Owner shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. B. The parties agree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such opportunity provisions of local, state, or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment records to enforce this position. F. The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SCHEDULE OF WORK CHECKLIST 1. WORK DESCRIPTION: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 2. PRICE: This shall reflect the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under the loan. 3. Schedule for completing work in accordance with payment schedule which will allow the City and the borrower to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. Revised and approved 8/4/2010 - 13 - n this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) I, Gary B. Jenkins, being first duly sworn under oath, state and depose as follows: 1. I am competent to testify to, and have personal knowledge of, the matters stated in this affidavit. 2. I am (a contractor) (the authorized agent of the contractor GB Environmental Services, LLC). I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (b) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (c) such contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (e) 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. FURTHER AFFIANT SAYETH NAUGHT. Affiant SUBSCRIBED AND SWORN TO before me this 5`h day of May, 2011. r; =GENERAt.Narmy.stateofNebrasksJOYC t Public OPPORTUNITY Approved 6/l/I0 consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 9 ADDENDUM# 1 NAME: James K. Liest ADDRESS: 6731 Florence Boulevard AREA: Lead-Based Paint Hazard Control CONTRACTOR: GB Environmental Services,LLC The Rehabilitation Contract as originally issued, signed by the Contractor on May 5, 2011, is hereby amended. The "effective date"clause contained in paragraph 1 therefore shall be amended from "delivered to the contractor on or before July 5, 2011", to "delivered to the contractor on or before September 5,2011". The foregoing changes to the above mentioned contract shall have the same force and effect as if such change or changes had been incorporated in the original contract and this Addendum No. 1 to the contract will be incorporated in and become a part of the contract documents of the work. The Addendum No.1 shall in no way be construed as altering the aforementioned contract; meaning and intent, except as expressly set forth in the above-mentioned items, and all other provisions of the contract shall remain unchanged and in full force and effect. The undersigned hereby acknowledge and consent to the above changes to the original Rehabilitation Contract. Clt,r�l/J 7/a//ad I / L• tr.ctor: GB vino ental Services, LLC Date mes K. Liest, Owner bate Construction Speciali : Stev ivny Date 1 UNITY Approved 6/l/I0 consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such INTER-OFFICE COMMUNICATION • May 16, 2011 TO: Kit Diesing, Ed Dantzler, James Thele FROM: Mike Honaker SUBJECT: Recommendation for waiver of maximum grant amount: 6731 Florence Boulevard The bid for the work on lead hazard control project is $31,269.00. There are a number of plaster walls and ceilings that are deteriorating and will continue to do so if not removed and replaced. 1 This house will need window replacement for 30 double-hung windows. These costs are reasonable, based on the cost estimate. Lead grant funds are available for the project cost of $31,269.00. There will be no contingency for this project. This two-story home was built in 1915 and has lead hazards throughout every room in this home. The inspector did find this property to be structurally sound. The scope of the project covers only essential items: the work write-up includes treatment of all identified lead-based paint hazards and no other rehabilitation work items. The high cost of the project is due to the removal of the lath and plaster from walls, ceiling and 30 double-hung windows. The exterior of the house must be painted also. A waiver of the grant maximum is recommended: / 2 ./',V) -,- Ki iesing ate Edwarr ler at Approved: ,— IL- •V-J--ee S://`1, James R. Thele Date Please return to Mike Honaker for filing. day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such e� Planning Department � Omaha/Douglas Civic Center u ,, r1 1819 Faam Street,Suite 1100 ��J++rt,.1 /3 rn Omaha,Nebraska 68183 °9� ry (402)444-5150 °$4 FEBROs Telefax(402)444-6140 R.E. Cunningham,RA,F.SAME City of Omaha Director Jim Suttle,Mayor Inspector: Mike Honaker April 2, 2011 James K. Liest 6731 Florence Boulevard • OMAHA LEAD BASED PAINT HAZARD CONTROL PROGRAM The Contract bid documents consist of the following sections: • General Responsibilities for the Contractor and Occupant. • Lead Hazard Control Plan, Interim Control and Abatement of Lead Based Paint Hazards. The Contractor Shall: • Contractor and all subcontractor(s) shall complete and submit a "Citizenship Attestation"/ "Employee Classification" form to the Planning Department, per State requirements, before final payment can be issued. • Comply with HUD's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing". (Copies are available at the Planning Department.) • Comply with Standards called for in the "Construction and Rehabilitation Specifications, Housing and Community Development Division, City of Omaha, Nebraska". (Copies are available at the Planning Department.) • Comply with the State of Nebraska Health and Human Services Regulation and Licensure, Title 178 Chapter 23 Lead Base paint regulations. • Coordinate daily construction schedule with the occupant. • Submit information cut sheets for all substitutions or approved equals prior to written approval of the Rehabilitation Inspector. • Move furniture and appliances as necessary to do required work. Large furniture left in containment areas may be wrapped with plastic with the joints sealed. NOTE: The contractor is not to move furniture or appliances on finished wood floors. • Repair or replace all items damaged or disturbed during construction. • Upon daily completion of work, clean up all rubbish, waste, excess material, equipment, and etcetera that's connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Compiete this project within 90 calendar days from the proceed order. Initials: UK Page 1 Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 6731 Florence Bd. (continued) The Owner/Occupant Shall • Remove, store away and reinstall all effected window coverings. • Remove and store away pictures, lamps, knick-knacks, valuables, etc. • Remove and store away any and all electronic devices in the work area to include air conditioners. • Move all furniture on finished wood floors in the work area. • Provide a clean, uncluttered dwelling to work in. • Ensure that all household members and pets stay at least ten feet away from all work areas while work is being done. - • Allow final clearance testing upon substantial completion of work. All household members and pets must be out of the dwelling at 8:00 AM on the day of clearance testing and remain away until the testing is complete. (Usually 2:30 PM). • Remove volunteer trees and vegetation from the drip line of the roof, and cut back shrubs and bushes at least two feet from the house. Lead Hazard Control Plan Abatement of Lead Based Paint Hazards Window Treatment • Sash Replacement at Thirty (30) Double-Hung window locations, and Four (4) Slider window locations in the basement. The basement, two kitchen and one bathroom windows are to be vinyl all others are to be wood. The extreme northwest basement window is not to be replaced. • Remove 30 combination storm windows and dispose of them properly. • Remove existing sashes, necessary stops, and window weights, and dispose of properly. Replace stops as required. • Insulate weight cavities and insulate around replacement windows with batt insulation. • Install Marvin Clad Ultimate Insert Double-Hung wood replacement windows, exterior clad and with full screen, or approved equal. Finish to match existing. • Install prism Ultra Gold, white color double hung vinyl replacement windows with full screens, by Simonton Windows, or approved equal. Windows are available through Norandex Building Products at 12201 Cary Circle, LaVista, Ne. • Install vinyl slider windows by Simonton Windows, or approved equal, in basement windows. • Bathroom glass to be opaque. • See Planning Department's List of approved windows. All windows are to be Low E, Argon filled, insulated glass, which meets energy star requirements. • HEPA vacuum and clean all window troughs and sill surfaces. • This work shall be performed from the exterior side. Initials( w • W Page 2 and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 6731 Florence Bd. (continued) Door Treatment • Remove and replace the north side entrance door and storm door. • The rear entrance door is to be a pre-hung Therma-Tru, PS100, 3-0X6-8, double bore door with one lite. Door hardware is to be a Yale, New Traditions, Horizon, Model #700H, US 3, entry lock and a Yale, New Traditions, Model #820, US 3, deadbolt. Finish door to match. • The storm door is to be a Larson Core Series or approved equal. • NOTE: All entrance doors are to meet energy star requirements. Ceiling and wall Treatment • Remove and replace the plaster and lath ceiling and walls in the kitchen and pantry with 1/2" drywall. • Do not remove the original cabinets, counters, and back splash on the north wall. The owner will remove the upper cabinets on the south and west walls; and the shelves in the pantry. • • Remove and replace the plaster and lath ceiling and walls in the basement stairwell with 1/2" drywall. • Remove and replace the plaster and lath ceiling and walls in the bathroom with '/2" drywall and green board. The green board is to go on the walls surrounding the bathtub, and the drywall in all other areas. • Remove the medicine cabinet and trim, seal it in 6 mil poly and give it to the owner. Replace it with a new medicine cabinet that will fit the opening. • Raise the heat vent four feet. • NOTE: The family will be relocated for fourteen days while the ceilings and walls are being removed. One day to move out. Ten days to remove the plaster, clean the floors, and take samples. Two days to process the samples; and one day to move back. Interim Control of Lead Based Paint Hazards Paint Stabilization • Prepare and paint all previously painted exterior wood surfaces of the garage. • Prepare and paint all previously painted exterior wood surfaces of the dwelling. • Note: The garage and dwelling were previously painted by the EPA; therefore, after scraping they should only need spot priming and one coat of paint. • Prepare and paint all previously painted wood surfaces on the front porch. • Prepare and paint the interior window trim and sills in the kitchen, pantry, and bathroom. • Prepare and paint the ceilings and walls in the kitchen, pantry, and basement stairwell. • Prepare and paint the under side of the basement stairs. • Initials. t7-krt- q // // Page.3 if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such 6731 Florence Bd. (continued) Paint Stabilization Continued • Install FRP paneling around the tub area to a height of 7' from the floor. Extend the FRP 6" beyond the tub. • Install vinyl base in the bathroom. • Strip and repaint to match the friction and contact surfaces of the doors and jambs at the front and back entrances. Prepare and paint the doors and jambs. • Strip and repaint to match the thresholds at the front and back entrances. • Strip and repaint to match the friction and contact surfaces of the doors and jambs at the basement and bathroom entrances. Prepare and paint the doors and jambs. • Remove and replace the base shoe in the kitchen, pantry, and basement stairwell. Prepare and paint the baseboard and base shoe. • Finish/clean interior sills to a smooth cleanable surface. • All paint colors to match existing. Prime and apply two coats. • See Planning Department's list of approved paint products for lead projects; and for all paint stabilization on this project. Floor Treatment • Strip and repaint the front porch floor with an alkyd enamel floor paint. Prime and apply two coats. • Install rubber stair tread covers (as manufactured by Johnsonite and available at Kelly's Carpet or equal) with a 1 '/2" nosing on the basement stair treads. X /it- -4,— P •= y Owner ate Property Owner Date `i< *\ .tJj . �{ ��,:�,� -_ it II Witness Date Occupant (if applicable) Date Occupant (if applicable Date Witness Date Page 4 day to move back. Interim Control of Lead Based Paint Hazards Paint Stabilization • Prepare and paint all previously painted exterior wood surfaces of the garage. • Prepare and paint all previously painted exterior wood surfaces of the dwelling. • Note: The garage and dwelling were previously painted by the EPA; therefore, after scraping they should only need spot priming and one coat of paint. • Prepare and paint all previously painted wood surfaces on the front porch. • Prepare and paint the interior window trim and sills in the kitchen, pantry, and bathroom. • Prepare and paint the ceilings and walls in the kitchen, pantry, and basement stairwell. • Prepare and paint the under side of the basement stairs. • Initials. t7-krt- q // // Page.3 if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area ❑ Exterior Project ❑ Special Needs ❑ Barrier Removal ❑ Redevelopment Area: OLBPHCP Address: 6731 Florence Boulevard Owner(s): James K. Liest The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 4/2/2011 General Construction Cost $25,325 $0 Electrical Cost $0 $0 Plumbing Cost $0 $0 HVAC $0 $0 Overhead and Profit (15%) ' $3,799 $0 State $200 $0 Total Construction Cost Estimate $29,324 $0 The source for the estimate data is the current addition of Repair & Remodeling Cost Data by R. S. Means, recent competitive bid pricing for similar work and product and material research. The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and specifications. In our opinion the project cost estimate is accurate. This estimate is for the use of the City of Omaha, Housing and Community Development Division, Rehabilitation Section only. The actual cost may vary. Signed, Construction Specialist 1 Date Lk .. 2-_ I Initial Inspection Date: J • 2 ' 11 Work Write-up Date: LA, 2-- '1 Approved, Development Section Manager Date '"1 `i< *\ .tJj . �{ ��,:�,� -_ it II Witness Date Occupant (if applicable) Date Occupant (if applicable Date Witness Date Page 4 day to move back. Interim Control of Lead Based Paint Hazards Paint Stabilization • Prepare and paint all previously painted exterior wood surfaces of the garage. • Prepare and paint all previously painted exterior wood surfaces of the dwelling. • Note: The garage and dwelling were previously painted by the EPA; therefore, after scraping they should only need spot priming and one coat of paint. • Prepare and paint all previously painted wood surfaces on the front porch. • Prepare and paint the interior window trim and sills in the kitchen, pantry, and bathroom. • Prepare and paint the ceilings and walls in the kitchen, pantry, and basement stairwell. • Prepare and paint the under side of the basement stairs. • Initials. t7-krt- q // // Page.3 if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such d ccI ., o tn CD sC° _ � acri-tc ' : . yPZ o .< = o o < 7ycD (4 y corio � a °o = en, o0 0 ° iu = = et 00 o 112 v 2 N CP @ C 0 ft C a tci !I. .. 3 = o eet o Cd C. C e� < F = xn o, ° °CA n n ro � o N TO y c A) w 0 `x \C 10 CA y ° m 8 n ~ oN � ri = <' o Fo' _ .may\ ` O O CD CD p y V) < O CD O co CD r N E!3 (I' io EA Ned {� 0 Q1 (p co o q c)ii CD O ` O N < ygEA S u' W W A A 41, J W N w W ►" \p to ON ON 00 W tbe W 14 �1 C� O, O �.0 OOa O ON O, --1 thh .W.. W 0 J C t1� O n rn © S' w t/1 p O co O p O co O co •O O C C O O W 5 a N w (7) a� n re. ne n - a� = F -o Q y C c ° y 0- c4 aa. CD _ re tro CD ••• ; 3 to n B a PO ft xEAo TO f e la— CD p F O r+ G ti - 1 r,' _ <. 69 tom.) y o 00 UJi N LA up Z. p 0 N ..< 0 0 6A O N o tj C CAJ co o I O�0 N O co C O C C W 5' 00 o, n n n n n s � ,o aril CO ' ° C .o a CA Y r �• a B. x- o 0 .y et f9 = ° xn - o 5 — A re ° ° w v �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such OMAHA LEAD-BASED PAINT HAZARD CONTROL PROGRAM • City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner: . Project Address: is —f ' tla�tkc �._ � . Funding Source: Block Grant Lead Hazard Control Grant Other Contractor Planning Dept. Comments Lead-Based Paint Hazard Interim Controls Paint Stabilization : $SD Window Treatment: Door Treatment: Miscellaneous: Lead-Based Paint Hazard Abatement Encapsulation: Window Treatment: OL *O \c1 -55a Door Treatment: loco 61(4 Miscellaneous: Do Pollution Liability Fee: NHHS Notification Fee: $200.00 $200.00 Overhead & Profit: Lk ar 'b1 Ck TOTAL: 31 a-Ccck Q-3 ,3;)`-I The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Construction Specialist: Date: 5/i/ r I Development Section Manager: ----Date: - a 8-19-10 tbe W 14 �1 C� O, O �.0 OOa O ON O, --1 thh .W.. W 0 J C t1� O n rn © S' w t/1 p O co O p O co O co •O O C C O O W 5 a N w (7) a� n re. ne n - a� = F -o Q y C c ° y 0- c4 aa. CD _ re tro CD ••• ; 3 to n B a PO ft xEAo TO f e la— CD p F O r+ G ti - 1 r,' _ <. 69 tom.) y o 00 UJi N LA up Z. p 0 N ..< 0 0 6A O N o tj C CAJ co o I O�0 N O co C O C C W 5' 00 o, n n n n n s � ,o aril CO ' ° C .o a CA Y r �• a B. x- o 0 .y et f9 = ° xn - o 5 — A re ° ° w v �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such ti . SECTION 106 REVIEW PROPERTY OWNER: James K. Liest PROPERTY ADDRESS: 6731 Florence Boulevard TURN-AROUND DATE: 10-15-2010 DATE BUILT: 1915 EST. REHAB COST: $15000 ASSESSED VALUE: $59600 DESCRIPTION OF PROPOSED UNDERTAKING: Exterior: 1. Replace windows with vinyl replacement windows 2. Scrape and paint wood siding 3. Paint porch ceiling and floor 4. Refinish trims Interior: 1. Repair damaged walls and ceilings 2. Install drywall over damaged walls and ceilings 3. Refinish or replace doors and frames 4. Remove or replace base shoe 5. Cover stair treads Submitted By: Honaker Program: OLBPHCP ✓ Not a Historic Structure Historic Structure ( I Exempt Activity ;s., / %-2/. oJ° Don Seten Date HCD Preservation Officer aLive TWe • City of Omaha Planning Department • Housing and Community Development Division Tier II CEST Statutory Checklist (2011-024) For Rehabilitation Programs Tier I CEST Statutory Checklist (2011-002) Project Name: None • Project Address: 6731 Florence Boulevard Project Activity: Lead hazard control including new windows, painting, door replacement, and drywall repair. Program: Lead Based Paint Hazard Control Program The Tier I CEST Statutory Checklist requires a Tier II Statutory Checklist the following Impact Categories: • Contamination and Toxic Substances, • Explosive and Flammable.Operations • Floodplain Management • Historic Preservation • Noise Control • Floodplain Insurance The following table presents the Tier II determinations for these categories. An A in the Status box indicates there are no compliance issues associated with this project and the project may proceed without further consultation. A B in the Status box indicates there additional steps are required to address this issue (e.g., removal of hazardous materials). An Environmental Conditions Form must be completed at the end of the project. Impact Status Source Documentation Categories A or B Lead hazards were identified by a lead based paint risk Contamination assessment. All lead hazards will be mitigated. and Toxic B The property is located within the boundary of the Omaha Lead Substances Superfund Site. According to the EPA (1) soil was tested in 2003 and is eligible for clean up because lead levels exceeded 400 part 1 r,' _ <. 69 tom.) y o 00 UJi N LA up Z. p 0 N ..< 0 0 6A O N o tj C CAJ co o I O�0 N O co C O C C W 5' 00 o, n n n n n s � ,o aril CO ' ° C .o a CA Y r �• a B. x- o 0 .y et f9 = ° xn - o 5 — A re ° ° w v �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such per million. Yard clean up is pending. Exterior paint on the home was stabilized in 2009 to prevent further contamination of the soil. Radon levels will be tested and an active mitigation system will be installed if radon levels exceed 4 picoCuries per Liter. A review of an aerial photograph (2) did not identify additional contamination or toxic substances at or near the project site. References (1) EPA Omaha Lead Superfund Site status spreadsheet, provided to the City of Omaha in late 2009, not attached. (2) City of Omaha GIS Records, accessed 7-April-2011, see map. A review of an aerial photograph (1) did not identify any explosive Explosives or flammable operations at or near the project site. and A References Flammable Operations (1) City of Omaha GIS Records, accessed 7-April-2011, see map. According to the City of Omaha's GIS records (1), the property is not located within a floodplain. The City's GIS records include FEMA's flood plain map information supplemented by information Floodplain A from Letters of Map Correction and Letters of Map Amendments. Management References (1)City of Omaha GIS Records, accessed. 7-April-2011, see map. The project site is not historic, according to the City of Omaha Planning Department, Housing and Community Development Historic Division's Historic Preservation Officer (1). Preservation A References (1)Section 106 Review form for 6731 Florence Boulevard, 12- October-2010, attached. Noise sources near the project site include three roads; Florence Boulevard, John Pershing Drive, and Read Street. The HUD Site DNL Calculator (1) was used to calculate the noise level at the project site using the following information. Noise Control A According to the Metropolitan Area Planning Association ("MAPA") (2), Florence Boulevard receives approximately 1,000 vehicle trips per day, John Pershing Drive receives approximately 9,400 trips per day, and Read Street receives approximately 1,900 trips per B. x- o 0 .y et f9 = ° xn - o 5 — A re ° ° w v �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such day. MAPA approximates that 2% of all traffic is due to heavy trucks. They do not haves an estimate for medium truck traffic. Other factors required by the Site DNL Calculator include the road gradient, distance from the project site, and speed limit. According to the City of Omaha's GIS records (3); • Florence Boulevard is approximately 100 feet from the home, has a speed limit of 35, and has a 2% gradient. • John Pershing Drive is approximately 500 feet from the home, has a speed limit of 35 miles per hour, and 0% gradient. • Read Street is approximately 1,000 feet from the project site, has a speed limit of 35 miles per hour, and a 6% gradient. There are no loud or impulsive noise sources in the area (3). There is a railroad track within 3,000 feet, but it is a siding and no • information is available. It is unlikely the siding carries significant traffic levels(3). There is an airport within 15 miles o_f the project site, but no noise level data (3). Intervening structures between the noise sources and the project site are not accounted for in the calculation. Based upon this information, the calculated Site DNL is 57 decibels, which is within HUD's acceptable noise level range. Noise mitigation is not required for this project site. HUD further requires that a 10-year noise level projection for the project site. It is unlikely that any of the parameters presented above will change except for traffic volume. MAPA predicts an 18% population increase over the next 30 years (4). From this it was concluded that a 6% volume increase will occur over the next 10 years. Using the modified traffic volumes in the Site DNL calculator generates a Site DNL of 57 decibels. This is within HUD's acceptable noise level range. Resources (1) HUD Site DNL Calculator, http://www.hud.gov/offices/cpd/environment/dnlcalculatort ool.cfm, accessed 7-April-2011, not attached. (2) MAPA 2008 Traffic Flow Map, http://www.mapacog.org/images/stories/2008_traffic_flow _map.pdf, accessed 7-April-2011, not attached. (3)City of Omaha GIS Records, accessed 7-April-2011, not �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such i I attached. (4) MAPA 2030 Long Range Transportation Plan, May 2006, http://www.mapacog.org/2030lrtp.pdf, Accessed 28- October-2009. Flood Disaster The project site is not located in a flood plain, see Floodplain Protection Act A Management, above. A project-specific Tier II environmental review has been performed at the above location in compliance with HUD environmental review regulations (24 CFR Part 58) and related laws, • authorities and requirements. The review has been performed prior to the commitment of HUD or non-HUD funds, as required by §58.22(a) and (c). This review shall be retained as a component of the City's Environmental Review Record (ERR). Consult the Tier I CEST Statutory Checklist identified above for information regarding compliance with other laws and authorities for this HUD-assisted project or program. :7' ., e:7/-7----/„/ /2'4' Prepared by: iii;2C'1 , ' �� Date:7 /— Approved by: --- j7 /Cam— , ' i f Date: - May 2009 t no noise level data (3). Intervening structures between the noise sources and the project site are not accounted for in the calculation. Based upon this information, the calculated Site DNL is 57 decibels, which is within HUD's acceptable noise level range. Noise mitigation is not required for this project site. HUD further requires that a 10-year noise level projection for the project site. It is unlikely that any of the parameters presented above will change except for traffic volume. MAPA predicts an 18% population increase over the next 30 years (4). From this it was concluded that a 6% volume increase will occur over the next 10 years. Using the modified traffic volumes in the Site DNL calculator generates a Site DNL of 57 decibels. This is within HUD's acceptable noise level range. Resources (1) HUD Site DNL Calculator, http://www.hud.gov/offices/cpd/environment/dnlcalculatort ool.cfm, accessed 7-April-2011, not attached. (2) MAPA 2008 Traffic Flow Map, http://www.mapacog.org/images/stories/2008_traffic_flow _map.pdf, accessed 7-April-2011, not attached. (3)City of Omaha GIS Records, accessed 7-April-2011, not �• ; C ^ N - ft o CD N y < H9 00 00 J CD • 69 O W .~p •~4. N ►EA �+ O ,..,=, .la. N r.4, J .o 00 C (A A C 00 W O O g O o O ubcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12 - here he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - - 8 - Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 8/4/2010 -3 - or a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED (g rson nature of p h3�tl ori sign) 74i�� By (Signature of Contracting Officer) { NSN 7540-01-152-8070 i STANDARD FORM 30(REV. 10-83) Previous edition unusable _f; Prescribed by GSA FAR(48 CFR)53.243 411;F a sc5a= ti ,'Lhc . • / i ASSISTANT(.Ill/Grrnnn sees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder (including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such Owner's Acceptance Form I have reviewed all of the bids submitted for the rehabilitation of my property located at: —2D l My Contractor of choice is: Ow - Owner s y fl Date G: Exterior: 1. Replace windows with vinyl replacement windows 2. Scrape and paint wood siding 3. Paint porch ceiling and floor 4. Refinish trims Interior: 1. Repair damaged walls and ceilings 2. Install drywall over damaged walls and ceilings 3. Refinish or replace doors and frames 4. Remove or replace base shoe 5. Cover stair treads Submitted By: Honaker Program: OLBPHCP ✓ Not a Historic Structure Historic Structure ( I Exempt Activity ;s., / %-2/. oJ° Don Seten Date HCD Preservation Officer aLive TWe • OP ID: NR ACORO. DATE(MM/DO/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/29/11 THIS,CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder intieu of such endorsement(s). PRODUCER 402-492-8020 CONTACT United Insurance Agencies PHONE FAX 402�i92 8022 Heidi Vescio (A/C,No,Let): (A/C,No): 1055 N 115 St Suite 208 E-MAIL Omaha,NE 68154 PROD PRODUCER Mike Sm olsky CUSTOMERU CE: ID A;GBENV-1 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED GB Environmental Services INSURER A:Iowa Mutual Insurance Co 14338 Gary Jenkins INSURER B 4302 Maple St INSURER C Omaha, NE 68111 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR - INSR wVD POLICY NUMBER (MMIDD/YYYY) (MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY A028382G L - 02/26/11 02/26/12 PREAISES(O RENTED PREM1$.ES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR • MED EXP(Any one person) $ 5,000 X Business Owners PERSONAL&ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 • POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ ' SCHEDULED AUTOS PROPERTY DAMA.GE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 A A028382UC 02/26/11 02/26/12 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TOP,Y TL I NJ U- OTH- ER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N • A028382WC 02/26/11 02/26/12 EL EACH ACCIDENT 0. - 100,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE q 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) • • CERTIFICATE HOLDER CANCELLATION • CITYOMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tn: Margaret ACCORDANCE WITH THE POLICY PROVISIONS. At1819 Farnam St Ste 1110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Mike Smolsky ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD e context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such Housing and Community Development Division City of Omaha Planning Department Contractor Eligibility Form Project Name: OLBPHCP Project Owner: c S Project Address: lP1'5 I R.c PDivc-A . Contractor: GIPD ��nv,vi n., e �-�� ;rvcr-e Based on the review of the current "List of Parties Excluded from Federal Procurement and Non-procurement Programs" a government publication. Contractor is eligible Contractor is not eligible 1 . (aJtI Construction Spec' ist Date 5/VI. Development a ger Date reads Submitted By: Honaker Program: OLBPHCP ✓ Not a Historic Structure Historic Structure ( I Exempt Activity ;s., / %-2/. oJ° Don Seten Date HCD Preservation Officer aLive TWe • EPLS Search Results Page 1 of 1 Excluded Parties',rtes;Lt5ta Sy stem Search Results Excluded By Firm, Entity, or Vessel : GB Environmental Services as of 02-May-2011 1:42 PM EDT Your search returned no results. • https://www.epls.gov/epls/search.do?full_name=GB+Environmental+Services&status=curr... 5/2/2011 rams" a government publication. Contractor is eligible Contractor is not eligible 1 . (aJtI Construction Spec' ist Date 5/VI. Development a ger Date reads Submitted By: Honaker Program: OLBPHCP ✓ Not a Historic Structure Historic Structure ( I Exempt Activity ;s., / %-2/. oJ° Don Seten Date HCD Preservation Officer aLive TWe • • • • . . ,ti Fr�r -. - •, -. �, '— ` � � ,r L`F , Syr# i .' • ;y4' •� o • !: ., . .y� � 4 r .a e S A i� � "ky ��, xi.,, :,s. i. r 4 .k •z '� • fit",. �Zw "�)1� p xx''�•ll W ;y C. t4vj: •�-� it f'J2• .w.. Y • .,,A^< i.. 1i zr+ - ..is•' ���' - • �-.� ^r s. i istoric Structure ( I Exempt Activity ;s., / %-2/. oJ° Don Seten Date HCD Preservation Officer aLive TWe • -,,-.,,,',,,,,,,,,,.,,..4,.:,..,,....,; . . . __ ,... _.,,,,::...,•,,„,..„.„,.......,..„,..,:;,;,.: ,1.:::: +4:1 ''' --:';',„4,..':.-; ^,- ---:—. A r ,,+ 1 r t z�y 1 :,,,.. .7iiii:,. ,, .,,,., L, r . is + r �• , ,,. • it,;,. t f i'`x ys '' 1 yT y, ft I —•�4 ! Sy` i[ 10 i t 1 2',. i e— .} :,,Z ., . -. F A L jl 4 Si, N� :r� r % 44'7 y.��g`- .. • C, , t) • HCD Preservation Officer aLive TWe • of Planning Department (- `e.r ��f` `�ek Omaha/Douglas Civic Center 1819 Farnam Street,Suite 1100 r3 � _ n®.� CY�'�► �, Omaha,Nebraska 68183 • °� ro (402)444-5150 °4 4 May 4 2011 Telefax(402)444-6140 R. E. Cunningham,RA,F.SAME City of Omaha Director Jim Suttle,Mayor James K. Liest 6731 Florence Blvd. Omaha, Nebraska 68111 RE: 6731 Florence Blvd. Omaha, NE 68111 Dear Mr. Liest. In response to your application for the Omaha Lead Based Paint Hazard Control Program, an inspection of the above property was completed on march 28, 2011. The following violations of the Omaha Municipal Code were noted.and are herby brought to your attention, this list may not include all violations: EXTERIOR: Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint INTERIOR Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint If you have any questions, please call me at 444-1614. Sincerely, • Steve D. ZivnyU City Planner OVERAGE NAIC 0 INSURED GB Environmental Services INSURER A:Iowa Mutual Insurance Co 14338 Gary Jenkins INSURER B 4302 Maple St INSURER C Omaha, NE 68111 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR - INSR wVD POLICY NUMBER (MMIDD/YYYY) (MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY A028382G L - 02/26/11 02/26/12 PREAISES(O RENTED PREM1$.ES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR • MED EXP(Any one person) $ 5,000 X Business Owners PERSONAL&ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 • POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ ' SCHEDULED AUTOS PROPERTY DAMA.GE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 A A028382UC 02/26/11 02/26/12 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TOP,Y TL I NJ U- OTH- ER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N • A028382WC 02/26/11 02/26/12 EL EACH ACCIDENT 0. - 100,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE q 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) • • CERTIFICATE HOLDER CANCELLATION • CITYOMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tn: Margaret ACCORDANCE WITH THE POLICY PROVISIONS. At1819 Farnam St Ste 1110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Mike Smolsky ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD e context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such C-25A CITY OF OMAHA LEGISLATIVE CHAMBER y Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the U.S. Department of Housing and Urban Development has awarded to ,q the City the Lead-based Paint Hazard Control Grant No.NELHB0479-10, which was approved on March 8, 2011 by City Council Resolution No. 248; and, WHEREAS, this single-family home, located at 6731 Florence Boulevard, Omaha, Nebraska 68112;James K.Liest, owner; is eligible for funding under the Lead-basedPaint Hazard Control Program; and, WHEREAS, the Planning Department Financing guidelines for the Lead-based Paint Hazard Control Program provides up to $30,000.00 per single-family property; and, WHEREAS, the best bid was received in an amount of $31,269.00 from GB Environmental Services, LLC to perform Lead Based Paint Hazard Control work at the property located at 6731 Florence Boulevard; and, WHEREAS,the maximum amount of grant funds for the project is $31,269.00; and, WHEREAS, this Lead Based Paint Hazard Control work is in the best interest of the residents of the City of Omaha and those residing therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached grant agreement, as recommended by the Mayor, to provide a Lead- based Paint Hazard Control grant payment in the amount of$31,269.00 for the lead hazard control work at the property located at 6731 Florence Boulevard, Omaha, Nebraska 68112; James K. Liest, Owner; through the Lead Based Paint Hazard Control Program is hereby approved. The contract is to be awarded to GB Environmental Services, LLC. Grant funds shall be paid from Lead-based Paint Hazard Control Program,Fund No. 12136,Organization 128104. APPROVED AS TO FORM: CITY ATTORNEY D�E pinlsf1529-resolution By... .... .... C cilmember Adopted JUN ...7.20.11 0 4 i L ity Clerk 0 A ved.. PPro Mayor - INSR wVD POLICY NUMBER (MMIDD/YYYY) (MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY A028382G L - 02/26/11 02/26/12 PREAISES(O RENTED PREM1$.ES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR • MED EXP(Any one person) $ 5,000 X Business Owners PERSONAL&ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 • POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ ' SCHEDULED AUTOS PROPERTY DAMA.GE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 A A028382UC 02/26/11 02/26/12 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TOP,Y TL I NJ U- OTH- ER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N • A028382WC 02/26/11 02/26/12 EL EACH ACCIDENT 0. - 100,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE q 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) • • CERTIFICATE HOLDER CANCELLATION • CITYOMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tn: Margaret ACCORDANCE WITH THE POLICY PROVISIONS. At1819 Farnam St Ste 1110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Mike Smolsky ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD e context so requires,the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative. 28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee. 29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be mailed to each person itemized below at the address indicated: NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104 19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. 20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder. med a voluntary prepayment of the indebtedness; and any such s Z p, ° 0 8 O $ y O 0 0 •. tv e N � � � Q. ' P. /� O (' cy CD rnrna, �• 9. a. r. o . - .,O x a o r•oc',�v, a CD y �= UQ ' ' .•. -A) 0 CD .-�_•• OC) CD .� `< �+ t 69 cn CD . h. .k Z G. C� r CD C �Z • O � N C 0 a OO I --I 7 ° CD ° 5 .•ft O CD y ��+ r N N ()_ V • -, ° ¢ , N N N 0 , ° O QQ 1 ! afl p % 44'7 y.��g`- .. • C, , t) • HCD Preservation Officer aLive TWe •