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RES 2007-0728 - Agmt with Ville de Santee II LP for development of project at 6003 Laurel Ave into housing units ( c) F„t,1AHA,^'Fe R F C F 1 V Planning Department W .4041; •Omaha/Douglas Civic Center EVIze C� 07 limy 31 pm 3: 2 6 1819 Farnam Street,Suite 1100 -,Tr r 0 i Omaha,Nebraska 68183 °yA` `"ti: (402)444-5150 O,p'7wD FEBRorey CITY Y CLERK Telefax(402)444-6140 iVi O M A H A N E B R A S K A Steven N.Jensen,AICP City of Omaha Director Mike Fahey,Mayor June 12 2007 Honorable President and Members of the City Council, The attached proposed Resolution approves and Amended Agreement between the City of Omaha and Ville De Sante II, LP, a Nebraska limited partnership, 2221 North 24th Street, Omaha, Nebraska 68110. General Partner of the LP is Ville De Sante II Development, L.L.C., a Nebraska limited liability company. Omaha Economic Development Corporation, a Nebraska nonprofit corporation, is the only member, of the LLC. This Amended Agreement increases the City's participation in the project from $250,000.00 to $415,000.00. The original Agreement was approved by the City Council on September 12, 2006, by Resolution No. 1008. That Agreement provided $250,000.00 in FY 2006 Home Investment Partnerships Program (HOME) funds to the LP as partial financing toward the construction of thirty-six (36) affordable housing units at 6003 Laurel Avenue. Three of the units were HOME- assisted floating units. All of the units will be occupied by qualified low and moderate-income families whose annual household incomes are 60% and below the Median Income by Family Size as established annually by the U.S. Department of Housing and Urban Development (hereinafter referred to as the"Project"). Project cost was estimated at $4,926,300.00 comprised of a $250,000.00 in a HOME Program Non-Recourse Repayable Loan and $4,676,300.00 in low income housing tax credits, Tax Increment Financing (TIF) and private funds. The LP applied for TIF and deferred their developer fee in hopes of receiving the TIF. TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds by$165,000.00 to cover this shortfall. The Planning Department has reviewed the project cost and believes the costs are reasonable and recommends your approval of the attached Amended Agreement The Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set • Honorable President and Members of the City Council Page -2- Funding in the amount of$415,000.00 (comprised of$250,000.00 in FY 2006 and $165,000.00 in FY 2007 HOME Program funds) shall be payable from the Housing Development Program, Fund No. 12179, Organization No. 128041. The LP has on file a current Annual Contract Compliance Report Form (CC-1). The Contract Compliance Ordinance requires that the Human Rights and Relations Director conduct a preaward review of the employment practices of a contractor with a City contract of$300,000.00 or more. As is City policy, the Human Rights and Relations Director will review the Contract Compliance Ordinance to ensure Contractor compliance. Your favorable consideration of this Resolution will be appreciated. Respectfully submitted, Referred to City Council for Consideration: 5' 23•07 Steven N. Jense CP 46 Date Mayor's Office Date Planning Director Approved: Approved: S ) � S(" 1/4 5423107 Carol A. Ebdon oM ate Gail Kinsey Th..► p on, Director Date Finance Director 5a,107 Human Rights and Relations P:\PLN4\8460sap.doc Resolution No. 1008. That Agreement provided $250,000.00 in FY 2006 Home Investment Partnerships Program (HOME) funds to the LP as partial financing toward the construction of thirty-six (36) affordable housing units at 6003 Laurel Avenue. Three of the units were HOME- assisted floating units. All of the units will be occupied by qualified low and moderate-income families whose annual household incomes are 60% and below the Median Income by Family Size as established annually by the U.S. Department of Housing and Urban Development (hereinafter referred to as the"Project"). Project cost was estimated at $4,926,300.00 comprised of a $250,000.00 in a HOME Program Non-Recourse Repayable Loan and $4,676,300.00 in low income housing tax credits, Tax Increment Financing (TIF) and private funds. The LP applied for TIF and deferred their developer fee in hopes of receiving the TIF. TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds by$165,000.00 to cover this shortfall. The Planning Department has reviewed the project cost and believes the costs are reasonable and recommends your approval of the attached Amended Agreement The Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set AGREEMENT THIS AMENDMENT amends the original Agreement approved by the City Council on September 12, 2006, by Resolution No. 1008, between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska (hereinafter referred to as "City") and Ville De Sante II, L.P., a Nebraska limited partnership (hereinafter referred to as the "LP"). General Partner of the LP is Ville De Sante II Development, L.L.C., a Nebraska limited liability company. Omaha Economic Development Corporation, a Nebraska nonprofit corporation, is the only member of the LLC, and is located 2221 North 24th Street, Omaha, Nebraska 68110. WHEREAS, the Agreement provided partial financing in the amount of $250,000.00 from the City Home Investment Partnerships Program (HOME) to assist the LP in the construction of thirty-six (36) units of affordable housing at 6003 Laurel Avenue. Three of the three-bedroom units will be floating units and will be directly assisted with HOME Program. funds. All of the units will be occupied by qualified low and moderate-income families whose annual household incomes are 60% and below the Median Income by Family Size (hereinafter referred to as the "Project"); and, WHEREAS, the Project cost was estimated at $4,926,300.00, comprised of a $250,000.00 HOME Program Non-Recourse Repayable Loan and $4,676,300.00 of other financing such as low income housing tax credits, tax increment financing and private funds; and, WHEREAS, the LP had applied for Tax Increment Financing (TIF) and deferred its developer fee until the TIF was became available; however, TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds to cover this shortfall; and, ct cost was estimated at $4,926,300.00 comprised of a $250,000.00 in a HOME Program Non-Recourse Repayable Loan and $4,676,300.00 in low income housing tax credits, Tax Increment Financing (TIF) and private funds. The LP applied for TIF and deferred their developer fee in hopes of receiving the TIF. TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds by$165,000.00 to cover this shortfall. The Planning Department has reviewed the project cost and believes the costs are reasonable and recommends your approval of the attached Amended Agreement The Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set WHEREAS, the Planning Department has reviewed the project costs and believes these costs are eligible and reasonable and recommends approval by the City Council; and, WHEREAS, the Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Program (Consolidated Plan), as amended, funding'to Ville De Sante II, L.P., a Nebraska limited partnership, for this Project; and; WHEREAS, an additional $165,000.00 was allocated to the Project under the 2007 Consolidated Plan approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended; and, WHEREAS, this Amendment reflects the increase in HOME Program funds to $415,000.00 (consisting of $250,000.00 FY 2006 and $165,000.00 FY 2007 HOME Program funds), and shall be payable from Fund No. 12179, Organization No. 128041; WHEREAS, with the exception of this change, all other terms, conditions and requirements in the Agreement remain the same and in full force and effect; and, WHEREAS, the LP has on file a current Annual Contract Compliance Report Form (CC- 1). The Contract Compliance Ordinance requires that the Human Rights and Relations Director conduct a preaward review,of the employment practices of a contractor with a City contract of $300,000.00 or more. As is City policy, the Human Rights and Relations Director will review the Contract Compliance Ordinance to ensure Contractor compliance; and, WHEREAS, it is in the best interest of the City and its residents to enter into an Amended Agreement with the LP for the successful completion of this worthwhile housing development project in North Omaha. of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds to cover this shortfall; and, ct cost was estimated at $4,926,300.00 comprised of a $250,000.00 in a HOME Program Non-Recourse Repayable Loan and $4,676,300.00 in low income housing tax credits, Tax Increment Financing (TIF) and private funds. The LP applied for TIF and deferred their developer fee in hopes of receiving the TIF. TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds by$165,000.00 to cover this shortfall. The Planning Department has reviewed the project cost and believes the costs are reasonable and recommends your approval of the attached Amended Agreement The Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set RECITALS: WHEREAS, the City of Omaha has applied for and received HOME Investment Partnerships Program (hereinafter referred to as HOME") funds under Title II of the National Affordable Housing Act of 1990, for the purpose of providing affordable housing that benefits low and moderate income residents; and, WHEREAS, the LP has submitted a revised application that provides for a total project budget of$4,922,744.00 for the completion of this Project; and, WHEREAS, the Consolidated Plans identified that this Project provides or improves housing which is determined to benefit low-and-moderate income therefore the Project' is consistent with the Consolidated Plans and is eligible for funding; and, WHEREAS, the City wishes to enter into this Amended Agreement with the LP to assist the City in utilizing such HOME funds; and, WHEREAS, the LP has been involved in the construction of housing units for low-and- moderate income families; and, WHEREAS, it is in the best interest of the City and the residents thereof that the City enter into this Amended Agreement with the LP to provide funding to complete this worthwhile Project. NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, the LP and the City do hereby agree as follows: 1. On Page 2 of the Agreement,the fourth grammatical paragraph shall be deleted and the following paragraph shall be substituted in its place: "WHEREAS, the LP Loan Fund was included in the FY 2006 and FY 2007 HOME Program, as amended, and $415,000.00 (comprised of$250,000.00 FY 2006 and $165,000.00 FY 2007 funds)was allocated to the Project; and," ile housing development project in North Omaha. of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds to cover this shortfall; and, ct cost was estimated at $4,926,300.00 comprised of a $250,000.00 in a HOME Program Non-Recourse Repayable Loan and $4,676,300.00 in low income housing tax credits, Tax Increment Financing (TIF) and private funds. The LP applied for TIF and deferred their developer fee in hopes of receiving the TIF. TIF will not be sufficient to cover the final cost of the Project; therefore, the LP has requested that the City increase its allocation of HOME funds by$165,000.00 to cover this shortfall. The Planning Department has reviewed the project cost and believes the costs are reasonable and recommends your approval of the attached Amended Agreement The Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set 2. On Page 2 of the Agreement, the sixth grammatical paragraph shall be deleted and the following paragraph shall be substituted in its place: "WHEREAS, the LP has indicated the total Project cost to be $4,922,744.00 consisting of$415,000.00 in HOME Program funds and $4,507,744.00 in other funding comprised of low income housing tax credits and private financing; and, 3. Section 1, Definitions and Abbreviations, Paragraphs 1.07, 1.08 and 1.08.1 shall be deleted in their entirety and the following Paragraphs shall be substituted in their place: 1.07 "HOME Funds" shall mean — that portion of the HOME Investment Partnerships Program funds awarded to the City, subject to and conditioned upon actual receipt of same by the City of Omaha, as may be available to loan during the FY 2006 and FY 2007 program years for the use specified herein an amount not to exceed $415,000.00 comprised of$250,000.00 in FY 2006 and $165,000.00 in FY 2007 HOME Program funds payable from the HOME Housing Development Program, Fund No. 12179, Organization No. 128041, subject to the terms, conditions and . requirements of said Loan Fund Agreement. 1.08 "HOME Program Non-Recourse Repayable Loan" shall mean — a Loan secured by no less than a Fourth Lien Position on the property made subject to the temius, conditions and provisions of the loan agreement under which said loan is made. The Principal sum of Four Hundred Fifteen Thousand and No/100 Dollars ($415,000.00) plus interest at the rate of 1% per annum shall be deferred for twenty (20) years beginning January 1, 2008 through December 31, 2028. Beginning January 1, 2029, the Principal ($415,000.00) plus the accrued interest ($83,000.00) for a total of Four Hundred Ninety-Eight Thousand and No/l00 Dollars ($498,000.00) shall begin to amortize at the rate of 1% per annum for thirty years (360 Months). 1.08.1 The HOME Program Non-Recourse Repayable Loan shall be subordinate to construction financing in an aggregate amount not to exceed $4,507,744.00." 4. Section 2, Responsibilities of the Developer, Section 2.02.1, Project Budget, shall be deleted in its entirety and the following paragraph shall be substituted in its place: 2.02.1 The Developer asserts that the funding sources and amounts listed below are committed or will be committed to the Project prior to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set FY 2006 HOME Program Funds $250,000.00 FY 2007 HOME Program Funds $165,000.00 LIHTC/Private $4,507,744.00 Total Project Cost $4,922,744.00 WHEREAS, the remainder of the Agreement approved by the City on September 12, 2006, by Resolution No. 1008, shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the City and the LP have executed this Amended Agreement as of the date last written below. ATTEST. . CITY OF 0 )1'`AA4MAIi CITY ,ERK OF CITY OF MAYOR OF ITY OF O 4 BY: VILLE DE SANTE II, L.P., a Nebraska limited partnership BY: VILLE DE SANTEE II DEVELOPMENT, LLC, a Nebraska Limited liability company, General Partner BY: OMAHA ECONOMIC DEVELOPMENT CORPORATION, A Nebraska nonprofit corporation, Only WITNESS Member of Ville De Santee II Development, LLC BY: /4A/' /911-2121F BY: Michael B. Maroney, President ar- /P'd 7 M /c ,a2-ad7 Date Date OV D AS TO F . 5i0,3icf4- A SISTANT CITY ATTORNEY Date P:\PLN4\8461sap.doc 5 ions of the loan agreement under which said loan is made. The Principal sum of Four Hundred Fifteen Thousand and No/100 Dollars ($415,000.00) plus interest at the rate of 1% per annum shall be deferred for twenty (20) years beginning January 1, 2008 through December 31, 2028. Beginning January 1, 2029, the Principal ($415,000.00) plus the accrued interest ($83,000.00) for a total of Four Hundred Ninety-Eight Thousand and No/l00 Dollars ($498,000.00) shall begin to amortize at the rate of 1% per annum for thirty years (360 Months). 1.08.1 The HOME Program Non-Recourse Repayable Loan shall be subordinate to construction financing in an aggregate amount not to exceed $4,507,744.00." 4. Section 2, Responsibilities of the Developer, Section 2.02.1, Project Budget, shall be deleted in its entirety and the following paragraph shall be substituted in its place: 2.02.1 The Developer asserts that the funding sources and amounts listed below are committed or will be committed to the Project prior to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, this Resolution approves the attached Amendment to the Agreement approved by the City Council on September 12, 2006, by Resolution No. 1008, between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska (hereinafter referred to as "City") and Ville De Sante II, L.P., a Nebraska limited partnership (hereinafter referred to as the "LP"). General Partner of the LP is Ville De Sante II Development, L.L.C., a Nebraska limited liability company. Omaha Economic Development Corporation, a Nebraska nonprofit corporation,is the only member of the LLC; and, WHEREAS, the Agreement provided partial financing in the amount of $250,000.00 from the City Home Investment Partnerships Program (HOME) to assist the LP in the construction of thirty-six (36) units of affordable housing at 6003 Laurel Avenue. Three of the three-bedroom units will be floating units and will be directly assisted with HOME Program funds. All of the units will be occupied by qualified low and moderate-income families whose annual household incomes are 60% and below the Median Income by Family Size (hereinafter referred to as the "Project"); and, WHEREAS, the Project cost was estimated at $4,926,300.00, comprised of a $250,000.00 HOME Program Non-Recourse Repayable Loan and $4,676,300.00 of other financing such as low income housing tax credits, Tax Increment Financing (TIF) and private funds; and, WHEREAS, the LP had applied for TIF and deferred their developer fee until the TIF became available; however, since TIF will not be sufficient to cover the final cost of the Project; the LP has requested that the City increase its allocation of HOME funds to cover this shortfall; and, WHEREAS, the Planning Department has reviewed the project costs and believes these costs are eligible and reasonable and recommends approval by the City Council; and, WHEREAS, the Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan), as amended, funding was provided to Ville De Sante II, L.P., a Nebraska limited partnership, for this Project; and; By Councilmember Adopted City Clerk Approved Mayor or to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set c-Zsa CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE -2- WHEREAS, an additional $165,000.00 was allocated to the Project under the 2007 Consolidated Plan approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended; and, WHEREAS, this Resolution 'and the attached Amended Agreement reflect the increase in HOME Program funds to $415,000.00 (consisting of $250,000.00 FY 2006 and $165,000.00 FY 2007 HOME Program funds), and shall be payable from Fund No. 12179, Organization No. 128041; WHEREAS, with the exception of this change, all other terms, conditions and requirements in the Agreement remain the same and in full force and effect; and, WHEREAS, the LP has on file a current Annual Contract Compliance Report Form (CC-1). The Contract Compliance Ordinance requires that the Human Rights and Relations Director conduct a preaward review of the employment practices of a contractor with a City contract of $300,000.00 or more. As is City policy, the Human Rights and Relations Director will review the Contract Compliance Ordinance to ensure Contractor compliance; and, WHEREAS, it is in the best interest of the City of Omaha and the residents thereof to enter into an Agreement with the LP for the completion of the development of this Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Amended Loan Agreement between the City of Omaha and Ville De Santee II, L.P., a Nebraska limited partnership, of which Ville De Sante II Development,LLC, a Nebraska limited liability company, is the General Partner and Omaha Economic Development Corporation, a Nebraska nonprofit corporation, is the only member of the LLC, located 2221 North 24th Street, Omaha, Nebraska 68110, authorizing the City to provide an additional allocation of$165,000.00 to be combined with the previous allocation of$250,000.00, approved September 12, 2006,by Resolution No. 1008, for a By Councilmember Adopted City Clerk Approved Mayor g and Development Programs (Consolidated Plan), as amended, funding was provided to Ville De Sante II, L.P., a Nebraska limited partnership, for this Project; and; By Councilmember Adopted City Clerk Approved Mayor or to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set C -26A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska • PAGE -3- total of$415,000.00 to complete the development of the project located at 6003 Laurel Avenue • into thirty-six (36) units of which three (3) "floating units" will be directly assisted with HOME Program funds, to be occupied by eligible families whose annual household incomes are 60% and below the Median Income by Family Size as established annually by the U.S. Department of Housing and Urban Development, is hereby approved. Funding shall not exceed $415,000.00 comprised of$250,000.00 FY 2006 and $165,000.00 FY 2007 HOME Program Funds and shall be payable from Fund No. 12179, Organization No. 128041. APPROVED AS TO FORM: 5 013 69- ASSISTANT CITY ATTORNE ATE P:\PLN4\8462sap.doc • lo-Asq By Councilmember Adopted 201 9-2001 --0 .. . .. t City Clerk Approved ,C... 10/A, Mayor $300,000.00 or more. As is City policy, the Human Rights and Relations Director will review the Contract Compliance Ordinance to ensure Contractor compliance; and, WHEREAS, it is in the best interest of the City of Omaha and the residents thereof to enter into an Agreement with the LP for the completion of the development of this Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Amended Loan Agreement between the City of Omaha and Ville De Santee II, L.P., a Nebraska limited partnership, of which Ville De Sante II Development,LLC, a Nebraska limited liability company, is the General Partner and Omaha Economic Development Corporation, a Nebraska nonprofit corporation, is the only member of the LLC, located 2221 North 24th Street, Omaha, Nebraska 68110, authorizing the City to provide an additional allocation of$165,000.00 to be combined with the previous allocation of$250,000.00, approved September 12, 2006,by Resolution No. 1008, for a By Councilmember Adopted City Clerk Approved Mayor g and Development Programs (Consolidated Plan), as amended, funding was provided to Ville De Sante II, L.P., a Nebraska limited partnership, for this Project; and; By Councilmember Adopted City Clerk Approved Mayor or to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set 'Ti1J0 =-` d7i5• o O.w o co sa po n.0 r-- V a, y ;� - L 0ooC0 °' o "i oo .-: — o gCt g a 9 5 9 o a C) C CD = C � � .aCD . CD '" C a � . .... 04 sl) v, • Z Ca. co oa co Z D•A cn o • C.o N ° CD `< o P o CD ° d o c4.A m � o NFNGw ; N NJ 0-0 CD O� O\ N ,--,CD... Po O PD 6 ° = NCw � ot a � � x z0o • ' 0°4 � K , o ° $1' Z5 coo N. u Z 1. o • a, ,ivt BO f ce 6 o ail) 0 0 = a- co a 0 O 'FP. y \tn. � °5 v' L]. a. cn a w �4 CAD pni r N ( 1 P p = �t 2 8 � �d > O 5 b9 o N. N ° C/- " '" ' p� 0. t �. OO O �J_ ' . F, C ° p,,, .< R. Z VNi o c. N -f `=`t. Po y '�lr \ A. \ `g Oy ¢ A 5• C < •° OO zO 5 o n A �? Cr s� d`� �" o o r. �a G o a < c c .,3 o90 ng o 2 gn . LA s9 :,.`� - �• o d can 'C � ,` P 0 `Ci ,Y n SW 0 ,' - ,� 0 W n g = C<'D ‘- <D ,off S 7 1 � • CD ooCD 3 cn < 0Q' o �•'•° • OA • i q • •i *",„.1 ., a Nebraska limited partnership, of which Ville De Sante II Development,LLC, a Nebraska limited liability company, is the General Partner and Omaha Economic Development Corporation, a Nebraska nonprofit corporation, is the only member of the LLC, located 2221 North 24th Street, Omaha, Nebraska 68110, authorizing the City to provide an additional allocation of$165,000.00 to be combined with the previous allocation of$250,000.00, approved September 12, 2006,by Resolution No. 1008, for a By Councilmember Adopted City Clerk Approved Mayor g and Development Programs (Consolidated Plan), as amended, funding was provided to Ville De Sante II, L.P., a Nebraska limited partnership, for this Project; and; By Councilmember Adopted City Clerk Approved Mayor or to loan closing with the City under this Amended Agreement. Mayor recommended various projects in the 2007 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) approved by the City Council on October 31, 2006, by Resolution No. 1117, as amended, including the allocation of $165,000.00 to the LP to complete this Project. 1 A m m E 0 0 0• 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 0 0 A O-G t a o o o O w a 00 O a go o 0 0 0 0 0 0 Ca A N V O - V -0 O O f0 CO N N N o 0 0 —2 H L)A Z C a Amc o m o 0 o CAI 00 0 0 0 0) 0 0 0 0 0 0 0 0 0 '�- -z O T 1 o0• 0 0 0 -1 oo CO CO a. 0 0 0 0000 0 r - o 50 o - 0 0 0 Pi A LT x D m rn m r 0 0 0 0• 0 0 0 0 0 o O o 0 0 0 0 .... c' O O C F. A G r m .ai w m m w a N m a w rn y A . N vwz m O, . a a a' a « o a N I. A [•W T O O N o wNVN N m V m O bD o O> ` ii ch subcontractor or vendor. PBE/DBE Doc 12/5/02 ss above. The City of Omaha has established a Enterprises is essential to the achievement of the PBE/DBE goal of 0 % of the dollar amount City of Omaha's PBE/DBE goals. Therefore, to of the bid (Bid Total) for this contract (if said be considered for award, Bidders must comply contract is anticipated to be over $200,000). with the requirements of these PBE/DBE Bidders shall make every good faith effort to specifications. By submitting his/her bid, each meet said goal. Bidder gives assurance that the contractor will meet the City of Omaha's percentage goals set