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RES 2008-1186 - Consent to assignment of co-general partnership interest in 4826 S 24th St LP F\ w ,e*,,,� Planning Department 6 �� ; ; ,�,� �y. �n � Omaha/Douglas Civic Ccnter +��f� l 08 RUG 2 2 p ,. 1 + 1.2 1819 Farnam Street,Suite 1100 il�C'� r 7 .[ �1 � Omaha,Nebraska 68183 °yA" � 'tr ry V 1 (402)444-5150 °,�'T�D FEBRV��y ! �_.r: Telefax(402)444-6140 Steven N.Jensen,AICP,LA City of Omaha Director Mike Fahey,Mayor September 9, 2008 Honorable President and Members of the City Council Attached is a proposed Resolution authorizing the Mayor to execute the attached Consent to Assignment providing for the City's consent to the transfer of the Co-General Partner interest in 4826 South 24th Street Limited Partnership (Owner Partnership), a Nebraska Limited Partnership, related to property located at 4826 South 24th Street, from South Omaha Affordable Housing Corporation (Assignor), a Nebraska Nonprofit Corporation, 2401 Lake Street, Omaha, NE 68111, to NuStyle Investment Corporation, Inc., (Assignee), a Nebraska Corporation, 514 Walker Street, Woodbine, IA, 51579. On September 15, 1998, by Resolution No. 2543, the City Council approved an Agreement between the City of Omaha and South Omaha Affordable Housing Corporation (SOAR) to provide partial financing, in the amount of $166,000.00, for the construction of a commercial/residential mixed-use facility at 4826 South 24th Street under the CDBG Economic Development Program. SOAH became Co-General Partner in the 4826 South 24th Street Limited Partnership, the purpose of which was to convert, own, rent, and operate the premises at 4826 South 24th Street. This project included the construction of main level commercial space and two residential units on the upper level affordable to households at or below 80% of the Median Family Income as determined by HUD. The terms of this Agreement provided the funding in the form of a repayable loan at zero percent interest with amortization over 360 months beginning on January 1, 2015. The principal balance of the loan becomes due and payable upon the sale or transfer of the property. The Assignor has requested the City of Omaha's consent to the assignment of its Co-General Partnership interest to the Assignee. NuStyle Investment Corporation, Inc., a Nebraska Corporation, would join the other existing Co-General Partner, 4826 South 24th Street Corporation, a Nebraska Corporation, as Co-General Partner of the Owner Partnership. The same person, Tammy Barrett, is President of both NuStyle Investment Corporation, Inc., and 4826 South 24th Street Corporation. t its pleasure. ARTICLE VIII Amendments onflict of Interest Defined. A conflict of interest is defined as the existence of circumstances where the actions of an individual as a Director of the Corporation may have an effect of financial benefit or detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter • The Board of Directors of South Omaha Affordable Housing Corporation has decided to dissolve the corporation. This action requires the disposal of corporate assets, including the Co-General Partnership interest in this project. The Assignee will continue to fulfill the terms of the agreement. Approval of the attached resolution will provide for the City's consent to the assignment. We urge your favorable consideration of this Resolution. Sincerely, Referred to City Council for Consideration: aft Steven N. VI CP, LA 1? Date Mayor's Office/Title Date Planning Director PLNLSF 1 13 3-cover letter n r+ m N 0 lD W 0' 0 a n 8oa 000 -, 250 FIr A., • . O GP 'a N sv cm ,G . ounci'lmember Adopted 5 P !—9 2008_ _Jo: . _. —O Cd)xac );& It:?/u/a1Approve CONSENT TO ASSIGNMENT In regards to the mixed-use project located at 4826 South 24th Street and pursuant to • Sections 6.8 of the Agreement between the City of Omaha and South Omaha Affordable Housing Corporation, assigned to 4826 South 24th Street Limited Partnership, approved on September 15, 1998, by Resolution No. 2543, the undersigned Mayor of the City of Omaha does hereby consent to the assignment of all rights and obligations as Co-General Partner regarding that Agreement from South Omaha Affordable Housing Corporation, a Nebraska Nonprofit Corporation, 2401 Lake Street, Omaha, NE 68111, to NuStyle Investment Corporation, a Nebraska Corporation, 514 Walker Street, Woodbine, IA, 51579. // IN W SS WHE OF, this Consent has been executed by the undersigned this day of , 20D8. ATTEST: CITY OF OMAHA, a Municipal Corporation • ITY CLERK OF THE CITY OF OMAHA MAYOR OF THE CITY OF MAHA ACKNOWLEDGMENT STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) On this //zL day of . 20 6 8, before me the undersigned, a Notary Public in and for said County, personally came J who executed the above document and acknowledged the execution thereof his his voluntary act and deed as such officer and the voluntary act and deed of the City of Omaha, a Municipal Corporation. In testimony whereof, I have hereunto set may hand and affixed by Notary Seal at Omaha in Douglas County Nebraska on the day and date last above written. Notary Public My commission expires: 8//6/// APPROVED AS TO FORM: GENERAL.NOTARY-State of Nebraska k CYNTHIA I.FORD 'r My Comm.Exp.Aug.16,2011 ' or a� CI Y ATT RNE ate PLNLSF 1133-consent to assignment seholds at or below 80% of the Median Family Income as determined by HUD. The terms of this Agreement provided the funding in the form of a repayable loan at zero percent interest with amortization over 360 months beginning on January 1, 2015. The principal balance of the loan becomes due and payable upon the sale or transfer of the property. The Assignor has requested the City of Omaha's consent to the assignment of its Co-General Partnership interest to the Assignee. NuStyle Investment Corporation, Inc., a Nebraska Corporation, would join the other existing Co-General Partner, 4826 South 24th Street Corporation, a Nebraska Corporation, as Co-General Partner of the Owner Partnership. The same person, Tammy Barrett, is President of both NuStyle Investment Corporation, Inc., and 4826 South 24th Street Corporation. t its pleasure. ARTICLE VIII Amendments onflict of Interest Defined. A conflict of interest is defined as the existence of circumstances where the actions of an individual as a Director of the Corporation may have an effect of financial benefit or detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter -Since 1968-b FAMILY HOUSING July 7, 2008 kdvisory Services, Inc. Ms. Kit Diesing City of Omaha, Planning Department MAIN OFFICE 1819 Farnam St 4'3I Lake Sweet Omaha,Nebraska 681 I I Suite 1100 402.934.7926/Fax 402.934.7928 Omaha NE 68183-1100 SOUTH OFFICE 3605 Q Street RE: 4826 South 24th Street Limited Partnership Omaha,Nebraska 68107 402.546.!013/Fax 402.734.8887 COUNCIL BLUFFS OFFICE Dear Ms. Diesing: 10 South 4th Street • Council Bluffs,Iowa 51503 712.322.4436/Fax 712.322.4443 This is to request the City of Omaha's approval of the Assignment of the interest of the South Omaha Affordable Housing Corporation, Inc. OMAHA 10 0 (SOAR) to Nu Style Investment Corporation, Inc., a Nebraska 2401 Lake Street corporation, in the 4826 South 24th Street Limited Partnership, as Omaha.Nebraska 6811 i provided in the attached form of Assignment. The reason for this 402.342.3773/Fax 402.342.3277 request is that the Board of Directors of SOAH has decided to dissolve the corporation and we are therefore in the process of dissolution, M.> r x u 10 0 which requires disposal of the corporation's assets. Nu Style 0 Soutn 4th Street • • Council Bluffs.Iowa 5!503 • Investment Corporation, Inc. has consented to this assignment, when it • _'.25e.3035,'Fax 7 2.322.4443 is has been approved by the,relevant parties. I understand that this request will be reviewed by the City's Legal Department prior to any required City Council Action. Please advise me if any corrections or changes will be necessary following that review. incerely, 1- • boti,ed7tip`1.4eA. • • Teresa C. Hunter Executive Director South Omaha Affordable Housing Corporation, Inc. cc. Tammy Barrett,Nu Style Investment Corporation, Inc. Enclosure =.:•,tied ine Unites S:ates Dees.a„err busing anc(I,1jan Development HiJ�,tc a•_yi:1e t.7.cmorenensive •9'),aino Counsel, 'Sei �e D A ccess via J,e N ecraska Re!av Svstem United Mj • Way ,, increasing Affordable Housing Opportunities fOr All signor has requested the City of Omaha's consent to the assignment of its Co-General Partnership interest to the Assignee. NuStyle Investment Corporation, Inc., a Nebraska Corporation, would join the other existing Co-General Partner, 4826 South 24th Street Corporation, a Nebraska Corporation, as Co-General Partner of the Owner Partnership. The same person, Tammy Barrett, is President of both NuStyle Investment Corporation, Inc., and 4826 South 24th Street Corporation. t its pleasure. ARTICLE VIII Amendments onflict of Interest Defined. A conflict of interest is defined as the existence of circumstances where the actions of an individual as a Director of the Corporation may have an effect of financial benefit or detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter e° � A,y ,yFg r Planning Department • +° ` sf. . , ° Omaha/Douglas Civic Center �r �a , � ( — — 1819 Farnam Street,Suite 1100 Fl`• "R - .IT,ti fk a,o Omaha,Nebraska 68183-0110 n®� >r � �m (402)444-5200 °A�` y :_ 'ti (402)444-5150 °R4reo Telefax(402)444-6140 Cityof Omaha Robert C.Peters September 15, 1998 Acting Director Hal Daub,Mayor Honorable President • and Members of the City Council, The attached proposed Resolution approves an Agreement between the City of Omaha and South , Omaha Affordable Housing Corporation,a Nebraska Non-profit Corporation(SOAHC), 1704 South 10th Street, Omaha, Nebraska 68108, to provide CDBG financing in the amount of$166,000.00 (comprised of$86,000.00 FY97 carryover and $80,000.00 FY98 funds) for the construction of a commercial/residential mixed-use facility at 4826 South 24th Street. Funding from the City will be provided through the.FY98 CDBG Economic Development Program. Following a request for proposals and an in-depth review of each, the SOAHC was selected as the developer of the Melcher Building. This new facility will contain commercial space on the main level and two residential units on the upper level affordable to households whose median income is at or below 80% of the median. The total project cost is estimated at $423,000.00. In addition to the $166,000.00 in the CDBG Funds, other sources of funds include a $157,000.00 conventional loan and $100,000.00 in the form of other project contributions. This Project encourages the creation of additional commercial space and residential units affordable to low and moderate income residents and the creation/retention of approximately 20 jobs. The SOAHC shall comply with the Federal Housing Act, as amended, and Section 504 of the Rehabilitation Act of 1973, and construct the appropriate number of units accessible and adaptable for persons having mobility,hearing or vision impairments. The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. - Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter �a. CLEW OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr September 15 1998 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City annually receives Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended,for the purpose of benefiting low and moderate income residents, eliminating slums and blight,and for other urgent community development needs; and, WHEREAS, the City Council, on December 16, 1997, by Resolution No. 3397, approved the 1998 Consolidated Submission for Community Planning Development Programs which included the CDBG Economic Development Program; and, WHEREAS, following a request for proposals and an in-depth review of each,the South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation(SOAHC), was selected as the developer of the Melcher Building located at 4826 South 24th Street. This new mixed-use facilitiy will contain commercial space on the main level and two residential units on the upper level affordable to households whose median income is at or below 80% of the median; and, WHEREAS,this Project encourages the creation of additional commercial space and residential units affordable to low and moderate income residents and the creation/retention of approximately 20 jobs; and, WHEREAS,the SOAHC has had the property inspected,a work write-up completed 0.00. n and has solicited bids which indicate the total osources the of funds include e a $0 7 OOOI00 bank loan ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter COY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebr September 15 19„�....... PAGE 2 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Agreement, as recommended by the Mayor, between the City THAT, the attached ?P Co oration, a Nebraska Non-profit Corporation, of Omaha and the South Omaha Affordable Housingof 1704 South 10th Street, Omaha, Nebraska 68108, in the aor m tun co$16 6,00 .0 a (comprised of$86,000.00 FY97 carryover and $80,000.00 FY98 Fun ) on Comm erciallresidential mixed-use facility at 4826 South 24th Street into commercial isaeat below the main level,two apartments on the upper level affordable to households oo Median Family Income, and the creation/retention of appryable Loan. �imateese ellyd20s hobs, is payable a8pproved. roved.e approved. Funding shall be in the form of a CDB Fund No. 193, Organization No. 8330. from the CDBG Economic Development Program APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE P:\PLN3\5987.MAF tue er - �`,r .,, r E r e C;1TY CLERK ........ ....... ............................................ .... 17.7i-z91-( 4...-. By Councilmember �-LO Adopted..s 1 1998 • .�..Cl... erk• Y Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter • • .. 4�' o b p -, O v C7M . ^, M ct V y • a) . i 0 ctO cz a Z <�U � o g O ca., o >,.a '� Q. 4] cd yr 69 «S p p �. 1.) ,Ng\ 3 En or- °ci) 4 o + w 0.b °�' E P, u �: O a o � st o w c p, o Li IN p owp o rn o et >' N cz ^ \v�d ,4 O a) O t7 ,r a) O O O C� o 3 174 a v) ,,: c N w ° ) . cC y Z $ - LtI\ �ja �_ No o al Q u> :; P.., 00 00C) o " = yO C p ,..-.= .1:I e. c:, L.. :-..-__ ,c1.-,1 0 ..7), 0 .9. ,c) 0 ct Z �° M U o -o o 6. •c '° 3 2, a o M 0 09 0 a' ;,k o ° ° o o ° oo c� v 0 . o „ w W °� a shall be in the form of a CDB Fund No. 193, Organization No. 8330. from the CDBG Economic Development Program APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY DATE P:\PLN3\5987.MAF tue er - �`,r .,, r E r e C;1TY CLERK ........ ....... ............................................ .... 17.7i-z91-( 4...-. By Councilmember �-LO Adopted..s 1 1998 • .�..Cl... erk• Y Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter FILE No.964 12/02 '02 AM 10:44 ID:NUSTYLE DEVELOPMENT FAX:4023453623 PAGE 2 JUL 2 7 1998 :ra OF NE.BR.ASKA is r:T'ARY'S OFFICE F iyr fikx1 an ordedi on tllra roll no. at page_..,_..__. CERTIFICATE AND AGREEMENT OF LIMITED PARTNERSHIP-- Sectary of 11*JA (.? cunt) THIS CERTIFICATION AND AGREEMENT made as of the 21st day of July, 1998, between 4826 South 24th Street Corporation (a "Co-General Partner"), South Omaha Affordable Housing Corporation (a "Co-General Partner") and 4826 South 24th Street Corporation(the "Limited Partner"). WITNESSETH: That the parties hereto, for good and valuable consideration, receipt of which is hereby acknowledged, hereby form a limited partnership (the "PARTNERSHIP") under the laws of the State of Nebraska for the term and upon the conditions set forth herein, and each of the parties hereby mutually covenants and agrees as follows: I. The name of the Partnership is "4826 SOUTH 24th STREET LIMITED PARTNERSHIP." II. The purpose of the Partnership shall be to covert, own, rent, and operate the • premises at 4826 South 24th Street in Omaha,Nebraska as a commercial and multi- family residential apartment project. IIl. The principal place of business and office of the Partnership shall be c/o Tammy Barrett, 1025 Leavenworth Street, Omaha,Nebraska 68102. Iv. Tammy Barrett, whose address is 1025 Leavenworth Street, Omaha,Nebraska Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter FILE No.964 12/02 '02 Aft 10:44 ID:NUSTYLE DEVELOPMENT FAX:4023453623 PAGE 3 68102, shall be the agent for services of process on the Partnership. V. The names and business addresses of the General Partners are: 4826 South 24th Street Corporation 1025 Leavenworth Street Omaha,Nebraska 68102 South Omaha Affordable Housing Corporation 1704 South 10`h Street Omaha,Nebraska 68108 VI. The Partners' interest in the Profits and Losses of the Partnership are as follows: • Co-General Partner South Omaha Affordable Housing Corporation 0.01% Co-General Partner 4826 South 24th Street Corporation 0.99% Limited Partner 99.00% VII_ The Partnership will allocate all items of Partnership income, profits and losses to the Partners on a pro rata basis according to the proportionate interest held by each Partner in the Partnership. V III. The Limited Partner hereby consents and agrees that the Partnership may sell additional Limited Partnership interests at the election of the General Partner to investors pursuant to a private placement of such interests and they hereby consent to the admission of additional Limited Partners to the Partnership upon the approval of the General Partner. e Partnership shall be c/o Tammy Barrett, 1025 Leavenworth Street, Omaha,Nebraska 68102. Iv. Tammy Barrett, whose address is 1025 Leavenworth Street, Omaha,Nebraska Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter FILE No.964 12/02 '02 AM 10:44 ID:NUSTYLE DEVELOPMENT FAX:4023453623 PAGE 4 IX. In the event of the bankruptcy or dissolution of the General Partner, the Partnership will be dissolved unless the initial Limited Partner elects to continue the Partnership and select one or more successor General Partner. X. Tammy Barrett is hereby empowered and authorized as President of the General Partner and on behalf of the Partnership to execute any and all documentation in the name of the Partnership regarding any financing or governmental grants or loans to be obtained by the Partnership and/or real estate to be acquired in the name of the Partnership. XI. This Certificate and Agreement of Limited Partnership shall be amended at such time or times as may be required by the Nebraska Uniform Limited Partnership Act. CO-GENERAL PARTNER: 4826 South 24th Street Corporation By: 1-Cimvr ac Tammy Barrett, resident CO-GENERAL PARTNER: South Omaha Affordable Housing Corporation By: ..161),l . `-�✓ Sr. Marilyn Ross, Vecutive Director LIMITED PARTNER: 4826 South 24th Street Corporation By: /' Tammy Barrett, Pr ident ners to the Partnership upon the approval of the General Partner. e Partnership shall be c/o Tammy Barrett, 1025 Leavenworth Street, Omaha,Nebraska 68102. Iv. Tammy Barrett, whose address is 1025 Leavenworth Street, Omaha,Nebraska Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter FILE No.964 12/02 '02 PM 10:45 ID:NUSTYLE DEVELOPMENT FAX:4023453623 PAGE 5 STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 21st day of July, 1998 by Tammy Barrett, President of 4826 South 24th Street Corporation 411`'? -1/:1"1"( Gotary Public G .T71 ART•eta e► STATE OF NEBRASKA ) . ,• ;®, JUL1E WE ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 21st day of July, 1998 by Sr. Marilyn Ross, Executive Director of South Omaha Affordable Housing Corporation. 1ot,4-4( - ary Public fa 11 TA- •atiwo►Neeoeta STATE OF NEBRASKA ) JUUE WEBER My Comm.Exp.Sept.8,1999 COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 21st day of July, 1998 by Tammy Barrett. tart' GEN NOTARY•etst.of Netsuke Comm WEBER. W 19� ._.,1 ., .... CuE .�� By: ..161),l . `-�✓ Sr. Marilyn Ross, Vecutive Director LIMITED PARTNER: 4826 South 24th Street Corporation By: /' Tammy Barrett, Pr ident ners to the Partnership upon the approval of the General Partner. e Partnership shall be c/o Tammy Barrett, 1025 Leavenworth Street, Omaha,Nebraska 68102. Iv. Tammy Barrett, whose address is 1025 Leavenworth Street, Omaha,Nebraska Approv Mayor ��. c .-- n ition to the $166,000.00 CDBG Repayable Loan, and $100,000.00 in the form of other project contributions; and, WHEREAS, this project is eligible for funding under the City's CDBG Economic Development Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter • I I I II Nebr Doc Stamp Tax Date ' .._.. _ 1511G1 i7 5417E - By • • IBIS PAGE INCLUDED FOR INDEXING • PAGE DOWN FOR BALANCE OF INSTRUMENT iS7/0 ...�A n 4 -R ; U 111... t4d....0 '..::.: City's consent to the assignment. We urge your favorable consideration of this Resolution. Sincerely, Referred to City Council for Consideration: aft Steven N. VI CP, LA 1? Date Mayor's Office/Title Date Planning Director PLNLSF 1 13 3-cover letter n r+ m N 0 lD W 0' 0 a n 8oa 000 -, 250 FIr A., • . O GP 'a N sv cm ,G . ounci'lmember Adopted 5 P !—9 2008_ _Jo: . _. —O Cd)xac );& It:?/u/a1Approve ASSIGNMENT For One Dollar ($1.00) and other good and valuable considerations, South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation, hereby assigns and transfers to 4826 South 24th Street Limited Partnership, a Nebraska Limited Partnership, in which the Co-General Partners are: South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation, and 4826 South 24th Street Corporation, a Nebraska Corporation, all of South Omaha Affordable Housing Corporation's rights and obligations in and under the Certain Agreement between South Omaha Affordable Housing Corporation and the City of Omaha dated the 26 day of August , 19 98 (the "Agreement") for the construction of the Melcher Building into a commercial/residential mixed-use facility at 4826 South 24th Street, legally described as: the North 20 feet of Lot 5 and the South 9 inches of the South 24 feet of Lot 4, Block 78, South Omaha, now a part of Omaha, Douglas County, Nebraska, as surveyed, platted and recorded,together with all improvements thereon. This Assignment is made pursuant to the provisions of Section 6.8 of the Agreement approved by the City Council on September 1 , 19 98 ,by Resolution No. 2543 , whereby the City of Omaha grants to South Omaha Affordable Housing Corporation authority to make this Assignment. By its signature affixed below, 4826 South 24th Street Limited Partnership accepts the foregoing Assignment and agrees to perform all the duties and obligations required of South Omaha Affordable Housing Corporation, as specified in the Agreement. DATED this 22nd day of September , 19 98 . SOUTH OMAHA AFFORDABLE HOUSING CORPORATION a Nebraska Non-profit Corporation By: /✓ Name . rfr r' •t i.rJ r , Title F� r e • After filing return to: Omaha Planning Department Attn: Kit Diesing 1819 Farnam Street, Suite 1 111 Omaha,NE 68183 ty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter • ACCEPTED: By: 4826 SOUTH 24TH STREET LIMITED PARTNERSHIP, a Nebraska Limited Partnership By: SOUTH OMAHA AFFORDABLE HOUSING CORPORATION, a Nebraska Non-profit Corporation, General Partner By: Name - //lA(Lc Iv 4/ 12�� Title r Y c u,r ve ()/ cfr By: 4826 SOUTH 24TH STREET CORPORATION a Nebraska Corporation, General- Partner By: / eC�/L2� %C Tammy BPresident il for Consideration: aft Steven N. VI CP, LA 1? Date Mayor's Office/Title Date Planning Director PLNLSF 1 13 3-cover letter n r+ m N 0 lD W 0' 0 a n 8oa 000 -, 250 FIr A., • . O GP 'a N sv cm ,G . ounci'lmember Adopted 5 P !—9 2008_ _Jo: . _. —O Cd)xac );& It:?/u/a1Approve STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 22nd day of September, -- by Sr. Marilyn Ross, Executive Director of South Omaha Affordable Housing Corporation, a Nebraska Non-Profit Corporation, on behalf of the Corporation. GENERAL NOTARY-State of Nebraska Cs' 'Y 1-kQ 1`, ANGELA LARSEN Notary Faublic My Comm.Exp,Jan,31,2003 STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 22nd day of September,-1-999€. by Sr. Marilyn Ross, Executive Director of South Omaha Affordable Housing Corporation, a Nebraska Non-Profit Corporation, General Partner on behalf of the corporation and partnership. GENERAL NOTARY-State of Nebraska yl , ti'-) ANGELA LARSEN i Y+ My Comm.Exp.Jan.31,2003 Notary PuQis STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 22nd day of September, 1998 by Tammy Barrett, President of 4826 South 24th Street Corporation, a Nebraska Corporation, General Partner, on behalf of the corporation and the partnership. r. i Notary Public GENERAL NOTARY-State of Nebraska ANGELA LARSEN -' - My Comm.Exp.Jan,31,2003 o South Omaha Affordable Housing Corporation authority to make this Assignment. By its signature affixed below, 4826 South 24th Street Limited Partnership accepts the foregoing Assignment and agrees to perform all the duties and obligations required of South Omaha Affordable Housing Corporation, as specified in the Agreement. DATED this 22nd day of September , 19 98 . SOUTH OMAHA AFFORDABLE HOUSING CORPORATION a Nebraska Non-profit Corporation By: /✓ Name . rfr r' •t i.rJ r , Title F� r e • After filing return to: Omaha Planning Department Attn: Kit Diesing 1819 Farnam Street, Suite 1 111 Omaha,NE 68183 ty Thousand Dollars ($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, on September 15, 1998, an Agreement between the City of Omaha and the South Omaha Affordable Housing Corporation, a Nebraska nonprofit corporation, whose interest in the Agreement was subsequently assigned to 4826 South 24th Street Limited Partnership (hereinafter referred to as "Owner Partnership"), Co-General Partners being South Omaha Affordable Housing Corporation, a Nebraska nonprofit corporation, and 4826 South 24th Street Corporation, a Nebraska corporation, was approved by the City Council, by Resolution No. 2543, and executed by the Mayor of the City of Omaha on September 21, 1998; and, WHEREAS, the Agreement provided for the partial financing, in the amount of $166,000.00, for the construction of a commercial/residential mixed-use facility at 4826 South 24th Street under the CDBG Economic Development Program, including the construction of main level commercial space and two residential units on the upper level affordable to households at or below 80% of the Median Family Income as determined by HUD; and, WHEREAS, the terms of the Agreement state that the Owner (Owner Partnership) may not assign its rights or obligations under this Agreement without the express prior written consent of the City; and, WHEREAS, South Omaha Affordable Housing Corporation, now intends to assign its Co-General Partnership interest in the project to NuStyle Investment Corporation, a Nebraska corporation; and, WHEREAS, 4826 South 24th Street Corporation, will remain as Co-General Partner; and, WHEREAS, it is in the best interests of the residents of the City of Omaha that the City consent to the assignment of Co-General Partnership interest to facilitate the dissolution of South Omaha Affordable Housing Corporation and the continued provision of affordable rental housing units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor an agreement with SOAHC to provide partial financing to construct the Melcher Building located at 4826 South 24th Street. By Councilmember Adopted . City Clerk Approved Mayor Sincerely, Referred to ity Council or Consideration: • ' 'WYr I • zc. 9y Date Robert C. Peters Date Mayor's Office/Title Acting Planning Director • pp •ved: proved: *P 7407 t 1 -/ --erra-C.- 7,(4%i. '1' ‘// 1 a/ ouis A. D'Ercole 4_-� Date George ay s, r. t ate Finance Director (' Human Rations Director P:\PLN3\5986.MAF _ " ' L. r detriment to the individual, a member of his or her family, a business associate, or a business in which he or she owns an interest. or, upon a vote of a majority of the entire Board of Directors. ration of this Resolution. Sincerely, Referred to City Council for Consideration: C 1 ��• �.2„o.Q� V.^ZD—o7 Steven N. Jensen' AICP, A / Date ayor's Office/Title Date Planning Directo PLNLSF 1136-cover letter C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE—2- THAT, authorization for the Mayor to execute the attached Consent to Assignment related to the assignment of Co-General Partnership interest in 4826 South 24th-Street Limited Partnership, a Nebraska Limited Partnership, from South Omaha Affordable Housing Corporation, a Nebraska Nonprofit Corporation, to NuStyle Investment Corporation, a Nebraska Corporation, regarding the CDBG Program mixed-use project located at 4826 South 24th Street, be and hereby is approved. APPROVED AS TO FORM: gADO<C2 Air, CI Y ATTORNEY Da PLNLSF 1133-res (:;?.;aidlott Counctlmember Adopted EP - 9 2008 7-o .I,. ... . ..f..... City Clerk 9///06 Approved/'1" - Mayor Cd)xac );& It:?/u/a1Approve (-) r) x rb 8 CD • y4y CAD 0 G, O O ~• r,0 p, CD (: CD ,P.� U4 v' E O o ' 0 00 0 n Fd`C O c- . s. CD 1'71 to q 0 •A d O . v0i A) , O C,n z *,� ` - i COD Oai, .t ff "� O" rr 4Or N 0 0 CD (D co 1-s CD CD 0 . K CD a 0 • e - , . . ' A . . .. „_ .. n Air, CI Y ATTORNEY Da PLNLSF 1133-res (:;?.;aidlott Counctlmember Adopted EP - 9 2008 7-o .I,. ... . ..f..... City Clerk 9///06 Approved/'1" - Mayor Cd)xac );& It:?/u/a1Approve