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RES 2001-1021 - Secure housing assistance trust fund grant for affordable homeownership opportunities .. �` ice. _ . ,.� ` ) _�_/, • °tAAHA, ,�, RF l" �� C �•� Planning Department Una° 's;Y' L i� Omaha/Douglas Civic Center 1,, O f p 1819 Farnam Street,Suite 1100 Cyrei e"' .: QP�i "5 Omaha,Nebraska 68183-0110 PM2. 1 � k®i [T 4► „ _ �. -• (402)444-5200 OatAtr (402)444-5150 P�r e�Q C(j Y C L E Ric Telefax(402)444-6140 FA EgR, OMAHA, City of Omaha n - April 17, 2001E C M S K A. 1: Hal Daub,Mayor__, -y Honorable President • . and Members of the City Council, The attached Resolution authorizes the Mayor of the City of Omaha to apply for and accept a $676,762 Nebr=ska ford h e Housing Trust (NAHT) from sk ._ _���_ :'�f_ «a�.l Housing Fund grant the State of Nebraska. The NAHT funds will be used in conjunction with the City's Home Investment Partnerships (HOME) Program and Community Development Block Grant (CDBG) Program and with local private efforts to acquire, rehabilitate, new.ly=construct single-family homes, provide emergency repairs, and to provide mortgage assistance to qualified homebuyers. The City currently administers an affordable housing program which provides mortgage assistance to homebuyers and construction financing to non-profits. Under this grant, the City will collaborate with non-profit organizations to provide housing and emergency repair opportunities. Non-profit partners will include among others, Holy Name Housing Corporation, South Omaha Affordable Housing Corporation, Minority Contractors Development Organization, New Community Development Corporation, Omaha Economic Development Corporation, Christmas In April, and Omaha 100, Inc. Houses rehabilitated or constructed will benefit low and moderate income persons or will address slum and blighted conditions on a spot basis. Emergency repairs will benefit low income elderly or permanently disabled persons. The use of NAHT funds is estimated to help create 101 new affordable housing opportunities and will leverage approximately $1,020,000 in City of Omaha HOME and CDBG funds, and $3,750,000 in private funds. We urge your favorable consideration of this Resolution. Respectfully submitted, ferr d to t Co it f onsideraf n: Robert C. Peters M S Date Mayor's Office/Title e0.1- Date Acting Planning Director Approved: //701_.:�/ 43/0/ Stanley P. T' rim0 Date Acting Finance Director P:\PLN1\166.1 sap.d DC �,, ;;ICn APPLICATION FORAFFORDABLE HOUSING PROGRAM DED USE ONLY ColVIMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Application Number NEBRASKA AFFORDABLE.HOUSING TRUST FUND(NAHTF) 2000 00-H Nebraska Department of Economic Development (DED) Date Received PART I. GENERAL INFORMATION TYPE OR PRINT ALL INFORMATION (AMENDED) 1. APPLICANT•IDEI�TTFICATION^^c..,:;- F xW-4w:..K - -�..._iW...._ iii,T _._. . ._ ...,.... _.� Z:`PERSON'�PREPARING�APPLICATION.=..r- r, Applicant City of Omaha Name Mika ak l ar Contact Mike Saklar Address 1819 Farnam St. , Ste. 1111 Address 1819 Farnam St. . Ste. 1111 City/state/Zip Omaha. NE 68183 City/State/Zip Omaha, NE, 68183 Telephone Number (402) 444-5170 Telephone( 403 444-5170 Preparer's Tax ID#/S.S.# N/A Fax( 402 444-6140 Application Preparer(check one) al Local Staff 0 Out-of-State Federal Tax I.D.Number 47-6006304 Consultant 0 Economic Development District 0 Non-Profit Organization In-State Consultant 0 Other.specify 3. HOUSING ACTIVITIES(Check all that apply) Homeownership Program X Owner-occupied Rehabilitation Program Rental Rehabilitation Program 4. TYPE OF APPLICANT 5.SERVICE AREA Area to be served(city,county,region,etc.) Omaha, N E X Unit of Local Government Local Housing Authority Non-Profit 501(c)3 Other,specify Legislative District 5, 7-9, 11 and 13 Congressional District 2 .K" _ �inc},tttsfr� sto'�idappiicants•if��"`�{ .tiobmittingaioiii licauo Za 'e' : „ `. . to ,a . �. :fig ,: DPP. �� ��.,.. �c"2—�•;fir'seu �'`` �L:: :°�1�:.,�``•'�=�'"3t:•: .. . The City of Omaha will use Nebraska Affordable Housing Hutps4m Trust funds in collaboration with non-profit organizations to acquire, renovate and/or newly construct single-family houses. Houses rehabilitated or constructed will benefit low and moderate income persons or will address slum and blighted conditions on a spot basis. The use of NAHT funds is estimated to help create 75 new affordable housing opportunities and will leverage approximately $1 ,020,000 in City of Omaha HOME funds, CDBG funds and $3,750,000in private funds. 7,M..a ta, I1CIGT) ..,_. _-,.,`>,...'...7...,r. i:- ,Ff ..: w--7.,.,..._ To the y kn- ease.1 • . het:data tormanon in thus application are nue and correct.Including any commitment of local or other resources.This application has been duly au b owe• y..,.f -a ant. This applicant will comply with all Federal and state requirements governing the use of AHP fun Jo l Signature:a t ' Typed Name and Title / • Date Signed ‘4 >'', Buster Brown, City Clerk ��,/��j An st Typed Name and Title Dat aimed SUBMIT THE ORIGINAL AND TWO COPIES(UNBOUND)OF THE ENTIRE'APPLICATION TO: . _ _- , • Nebraska Department of Economic Development APPROVED AS T ORM: 45 Division of Housing and Community Development PO Box 94666-301 Centennial Mall South /tau. • Lincoln.NE 68509-1666 DED/Dec. l9Qg 1402)471-3119 (8001426-6505 Fax(402)471-3778 TDD:(402)471-3441 Assistant ity Attorney • PART II. FUNDING SUMMARY (Round amounts to the nearest hundred dollars) Year 2000 Activity *National AM' Other Total Sources of Code Activity Objective Funds Funds Funds Other Funds 0010 Acquisition/Easements LMH 0030 Demolition LMH 0450 Relocation LMH • 0530 Housing Rehab. (owner-occupied) LMH $100,000 - $100,000 - 0531 Housing Purchase/Rehab/Resale LMH $456,762 $9,310,238 $9,767,000 CDBG/HOME/Private 0542 SF Housing New Construction LMH Homeownership 0543 SF Housing-Downpayment/HOP2 LMH $120,000 - $120,000 0580 Housing Administration LMA 0180 Total Non-Administration 0181 General Administration 1000 TOTAL PROGRAM COSTS $676,762 $9,310,238 $9,987,000 Clarification for the above activities should be directed to DED. ' STATE OF NEBRASKA H E C E 1 I,ED DEPARTMENT OF ECONOMIC DEVELOPMENT ' e Al Wenstrand o o0 p. gyp. 2A . 02 APR �• � ��� • Director Y �crte rwko!,it'm ' 301 Centennial Mall South �� J " b C. P.O.Box 94666 �' • 'WPI r -C.t�i '► Lincoln,Nebraska 68509-4666 `°t- W • IX 4 Phone(402)471-3111 Toll Free(800)426-6505 Mike Johanns • TDD(402) 471-3441 Governor FAX (402)471-3778 Statewide Relay(800)833-7352(TDD) April 6,2001 Hal Daub,Mayor City of Omaha 1819 Farnam Street Omaha,NE 68183 • RE: Nebraska Affordable Housing Trust Fund Contract#00TFHP701 --Notice of Award Dear Mayor Daub: On behalf of Governor Mike Johanns and Al Wenstrand,Director of the Department of Economic Development (DED), it is a pleasure to inform you that your application for a Regional Homeowner Program has been approved in the amount of$676,762.00. The grant will be used to provide downpayment assistance and rehabilitation to existing homes in the city of Omaha. The project will impact 143 units are LMI families. The completion date of the contract is April 6,2003. • The enclosed documents(1)through(4)are essential to the initiation and implementation of your NAHTF award. The other document requirements are stated in your contract,Part II,Special Conditions for Release of Funds. • (1) Two original copies of the NAHTF contract and other agreements; (2) NAHTF Program Awardee Information sheet; (3) NAHTF Authorization to Request Funds form(Please note that the form requires two signatures); (4) Environmental Status Checklist (5) Procurement Procedures (6) Complete and return the required documents referenced in the NAHTF contract,Part II,Special Conditions for Release of Funds. (7) If you do not have an Automated Clearing House Enrollment account set up please set one up by filling out the enclosed form; Please sign,date and return to us.both Contract originals within 30 days from the date of this letter. When signed by DED,we will return one of the Contract originals,which you should keep in your files. You must complete items(2)through(6)within three months from the date of this letter before DED will grant an official release of funds. As of this date you may incur grant-related costs as follows: 1)administration, including staffing,travel and other administrative expenses;2)costs associated with completing the environmental review requirements; and 3) professional service contracts for any of the above activities. You may withdraw from this Contract prior to receiving a written Notice of Release of Funds from DED. In such an event,DED reserves the right to determine the amount of funds to reimburse or to recapture from you for incurred eligible administrative costs. An Equal Opportunity-Affirmative Action Employer Primed on recycled paper with soy ink t •G Steps taken toward completing approved non-administrative activities are prohibited. Under no circumstances will you be reimbursed for non-administrative costs incurred prior to receiving from DED a written Notice of Release of Funds. The Notice of Release of Funds effectively removes any Special Conditions to this contract. If you have any question regarding this information contact your Program Representative,Greg Cecil at (402)471-2280,(800)426-6505 or e-mail gcecil@neded.org. The principal contact for all grant related matters is your Program Representative. We congratulate City of Omaha on successfully obtaining NAHTF funds. We look forward to actively working with you in carrying out your NAHTF development program. If you have questions or need additional information, please contact your program representative at the above telephone number or at our toll free number(800)426- 6505. Individuals who are hearing and/or speech impaired and have a TDD,may contact the Department through • the Statewide Relay system by calling(800) 833-7352 (TDD). The relay operator should be asked to call DED at (800)426-6505 or 402-471-3119. Sincerely, Lara Huskey Housing Coordinator Community and Rural Development Division LH:jrs Enclosures Cc: Mike Saklar,City of Omaha Buster Brown,Clerk Jennifer Buxton Jen Bolen 41 STATE OF NEBRASKA sT=� DEPARTMENT OF ECONOMIC DEVELOPMENT 1T �" �.�. _ Al Wenstrand Director jay- •' n` _ _. . -_ . ' 301 Centennial Mall South 1..� ;t. P.O. Box 94666 ,,„fifl ti.jo _ �r G �/'� Lincoln,Nebraska 68509-4666 l Phone(402)471-3111 Mike dohanr, /4 2071/ Toll Free(800)426-6505 Governor FAX(402)471-3778 April 11,200[ /3 Hal Daub,Mayor City of Omaha 1819 Farnam Street Omaha,NE 68183 RE: Nebraska Affordable Housing Trust Fund Contract#00TFHP701 --Notice of Award Dear Mayor Daub: On behalf of Governor Mike Johanns and Al Wenstrand,Director of the Department of Economic Development (DED), it is a pleasure to inform you that your application for a Regional Homeowner Program has been approved in the amount of$676,762.00. The grant will be used to provide downpayment assistance and rehabilitation to existing homes in the city of Omaha. The project will impact 143 units are LMI families. The completion date of the contract is April 6,2003. The enclosed documents (1) through(4)are essential to the initiation and implementation of your NAHTF award. The other document requirements are stated in your contract,Part II, Special Conditions for Release of Funds. (1) Two original copies of the NAHTF contract and other agreements; (2) NAHTF Program Awardee Information sheet; (3) NAHTF Authorization to Request Funds form(Please note that the form requires two signatures); (4) Environmental Status Checklist (5) Procurement Procedures (6) Complete and return the required documents referenced in the NAHTF contract,Part II, Special Conditions for Release of Funds. (7) If you do not have an Automated Clearing House Enrollment account set up please set one up by filling out the enclosed form; • Please sign,date and return to us both Contract originals within 30 days from the date of this letter. When signed by DED,we will return one of the Contract originals,which you should keep in your files. You must complete items(2)through(6)within three months from the date of this letter before DED will grant an official release of funds. As of this date you may incur grant-related costs as follows: 1)administration,including staffing,travel and other administrative expenses; 2)costs associated with completing the environmental review requirements; and 3) professional service contracts for any of the above activities. You may withdraw from this Contract prior to receiving a written Notice of Release of Funds from DED. In such an event,DED reserves the right to determine the amount of funds to reimburse or to recapture from you for incurred eligible administrative costs. • An Equal Opportunity/Affirmative Action Employer Printed on recycled paper with soy ink • , I J. lr Steps taken toward completing approved non-administrative activities are prohibited. Under no circumstances will you be reimbursed for non-administrative costs incurred prior to receiving from DED a written Notice of Release of Funds. The Notice of Release of Funds effectively removes any Special Conditions to this contract. If you have any question regarding this information contact your Program Representative,Jen Bolen at(402) 471-4169,(800)426-6505 or e-mail jbolen@neded.org. The principal contact for all grant related matters is your Program Representative. We congratulate the City of Omaha on successfully obtaining NAHTF funds. We look forward to actively working with you in carrying out your NAHTF development program. If you have questions or need additional information, please contact your program representative at the above telephone number or at our toll free number(800)426- 6505. Individuals who are hearing and/or speech impaired and have a TDD,may contact the Department through the Statewide Relay system by calling(800)833-7352 (TDD). The relay operator should be asked to call DED at (800)426-6505 or 402-471-3119. Sin rely, )'La (a/ ✓ skey Housing Coordinator Community and Rural Development Division LH:jrs Enclosures Cc: Mike Saklar,City of Omaha Buster Brown,Clerk Jennifer Buxton Jen Bolen �. . r STATE OF NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT NEBRASKA AFFORDABLE HOUSING TRUST FUND PROGRAM (regarding the Department's 2000 Regional Homeowner Programs) CONTRACT NO. 00-TFHP-701 This contract is entered into between the State of Nebraska, Department of Economic Development ("Department"), and the City of Omaha, Nebraska ("Recipient"), upon the date of signature by both parties. RECITALS: A. Pursuant to the Nebraska Affordable Housing Trust Fund Act ("Act"), the Department is directed to administer the funds made available pursuant to the Act and on deposit in the Affordable Housing Trust Fund ("Trust Fund"; and money therein "Trust Funds"). B. The Department has been designated and empowered to receive, administer, and disburse Trust Funds to achieve an adequate supply of affordable, decent, safe, and sanitary housing for low-to-moderate income Nebraskans, all in accordance with the Act; the Rules and Regulations Concerning the Administration of the Affordable Housing Act, Title 86, Nebraska Administrative Code, Chapter 5 ("Rules"); and the Nebraska Affordable Housing Trust Fund Program Guidelines including the specific 2000 Application Guidelines ("Guidelines"); adopted by the Department, which Rules and Guidelines are incorporated herein by this reference; (collectively the "Program"). C. The Recipient has submitted an application ("Application") to the Department, which Application is incorporated herein by this reference, setting forth a project to assist in homeownership as specified in ¶D below ("Project"), using a combination of private and public financing, including a disbursement of Trust Funds from the Department to the Recipient pursuant to this contract; and the Department has approved the Application. D. The Project consists of providing down payment assistance to home buyers and assisting with rehabilitation of owner-occupied properties and assisting with a program of purchase, rehabilitation, and then resale of existing homes; for Eligible Beneficiaries (term defined in the Rules and Guidelines) in the city of Omaha, Nebraska, impacting 143 Eligible Beneficiaries with no more than 80% of the area median income per the most recent HUD income limits. AGREEMENT: Premised on the Recitals above, and in consideration of the mutual promises and understandings of the parties set forth below, the parties agree as follows: PART I: TERMS AND CONDITIONS. §1.01 Amount of Disbursement to Recipient. Page 1 of 10 l i C The Department will disburse Trust Funds to the Recipient, for the Project, in a total amount not to exceed $676,762. Of that amount, none is approved for housing administrative expenses and none is approved for general administrative and audit expenses. Disbursements (generally referred to at the Department as Drawdowns) of the Trust Funds will be made to the Recipient upon the request of the Recipient, in the form and manner prescribed by the Department, and must be supported by contracts, invoices, vouchers and other documentation deemed appropriate and required by the Department. §1.02 Use of Trust Funds. Trust Funds disbursed to Recipient will be used for the sole and express purpose of carrying out the Project and will be used in conformance with the provisions of this contract. Trust Funds are being used to assist in homeownership as described in ¶D of the Recitals. §1.03 Time of Performance. The period covered under this contract will be 24 months from April 11, 2001. The termination date of this contract will be April 11, 2003. All of the required activities and services, except for administration and audit, will be completed by or before this date. §1.04 Accounting For Trust Funds by the Recipient. The Recipient will account for Trust Funds in a manner consistent with generally accepted accounting principles. All expenditures of the Trust Funds by the Recipient will be for obligations incurred in the performance of this contract, and will be supported by contracts, invoices, vouchers, and other supporting documentation evidencing the necessity for such expenditures. Failure to comply with these requirements will allow the Department to withhold disbursements until compliance is demonstrated to the satisfaction of the Department. §1.05 Designation of Officials to Execute Contract and Amendments. The Director of the Department (or their designee) is the official authorized to execute this contract and any amendments to this contract, on behalf of the Department. The Chief Elected Official (if Recipient is a governmental unit) or the Executive Officer (if Recipient is not a governmental unit) of the Recipient is the official/officer authorized to execute this contract and any amendments to this contract, on behalf of the Recipient. The Recipient or the Department may request amendments to this contract. Amendments will not be effective until mutually agreed to in writing by both parties. Page 2 of 10 Recipient certifies that it possesses legal authority to accept and administer Trust Funds under the Program, and to execute the Project described in this contract. §1.06 Waivers in Writing. No conditions or provisions of this contract can be waived unless approved by the Department in writing. §1.07 Assignment of Interest. The Recipient will not assign or transfer any interest in this contract to any other party without the written consent of the Department. §1.08 Records and Recordkeeping Duration. The Recipient will keep such records as the Department may require for compliance with the Program. Unless specifically longer periods are set forth in other Program or contract provisions, all records pertinent to the Project will be retained by the Recipient for a period of three years after the final audit of the Project. If any claim, litigation, or audit is started before the expiration of the three-year period, the records must be retained until all claims, litigation, or audit findings involving the records have been resolved. §1.09 Access to Records. The Department and other duly authorized officials of the State of Nebraska will have full access to; and the right to examine, audit, excerpt, and transcribe; any of the Recipient's records pertinent to this contract. §1.10 Performance Reviews; Audits; and Project Completion Reports. The Department may conduct performance review monitoring visitations, and may audit the Recipient's records, including records that are part of the matching contribution (if any), for compliance with this contract. In addition to performance reviews and compliance audits, a cost certification audit may either be conducted by the Department, or requested by the Department to be done by independent accountants, at the Recipient's expense. The Trust Funds are subject to audit in the manner specified by the Department according to the Rules and Guidelines of the Program. Within 90 days following completion of all work on the Project and final disbursement of the Trust Funds, the Recipient shall provide to the Department the following project completion reports: (a) A certification of Project completion; and, (b) A certification of compliance with all requirements of this contract. Page 3 of 10 1 • JP In terest. Conflict of Inte est. No officer, employee, or agent of the Recipient will participate in the selection, or in the award or administration, of a contract supported by the Trust Funds if a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise when: (a) the employee, officer, or agent; or, (b) any member of.their immediate family; or, (c) their partner; or (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the person or entity selected for contracting. The Recipient's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements, during the time of performance of this contract or for one year after closeout. This stipulation must be included in all other contracts and subcontracts to this contract. Upon written request by the Recipient, exceptions may be granted by the Department upon a case-by-case basis when it is determined that such an exception will serve to further the purposes of the Program. §1.12 Political Activity. No portion of the Trust Funds provided will be used for any partisan political activity, to further the election or defeat of any candidate for public office, or to influence the approval or defeat of any ballot issue. §1.13 Prohibitions Against Payment of Bonus or Commission. The Trust Funds will not be used for payment of any bonus or commission for the purpose of obtaining Department approval of the Application. However, reasonable fees for consultants, managerial, or other services are eligible as Project costs. §1.14 Non-Waiver. The Department's failure to insist upon strict performance of any provision of this contract, or to exercise any right based upon breach, will not constitute a waiver of any right under this contract. §1.15 Severability. If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, the invalidity will not affect other Page 4 of 10 provisions of this contract. §1.16 Entire Agreement, Binding Effect, and Counterparts. This instrument, along with any attachments, the approved Application, and those items incorporated by reference, contain the entire agreement between the parties. Any statements, inducements, or promises not contained within such instruments will not be binding upon the parties. This agreement will be binding upon, and will inure to the benefit of, the successors, assigns, and legal representatives of the parties. This agreement, or any amendment of this agreement, may be signed in any number of counterparts, each of which will be an original, but all of which taken together will constitute one agreement (or amendment, as the case may be). §1.17 Termination by Agreement. This contract may be terminated in whole or in part, prior to the completion of the contract or the Project, when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of Trust Funds. The parties must agree on the termination conditions, including the effective date and the portion to be terminated. The Recipient will not incur new obligations for the terminated portion after the effective date, and will cancel as many outstanding obligations as possible. If a release of funds has been achieved, the Department will make funds available to the Recipient to pay for allowable expenses incurred before the effective date of termination. §1.18 Termination for Cause. In the event: (a) the terms of this contract have not been, nor are anticipated to be, fulfilled; (b) the Department determines the Application contained material omissions, errors, or misrepresentations; or, (c) the Department determines Trust Funds have been used for purposes other than contracted Program or Project purposes; then, the Department may terminate this contract, or seek repayment of Trust Funds paid to the Recipient, or both. §1.19 Termination Due to Loss of Funds. This contract will terminate in full or in part, at the discretion of the Department, in the event the Department suffers a loss of funding of Trust Funds which permit it to fund the Project. In such an event, the Department will provide the Recipient written notice setting Page 5 of 10 forth the effective date of full or partial termination. §1.20 State Liability/Hold Harmless. The Recipient will hold the State of Nebraska and the Department harmless from any and all claims, demands, and actions based upon, or arising out of, any services performed by the Recipient, or by Recipient's associates, employees, contractors, and subcontractors under this contract. PART II: SPECIAL CONDITIONS FOR RELEASE OF FUNDS. Funding of the amount specified in §1.01 will not be released to the Recipient by the Department until the following Special Conditions for Release of Funds are met. These special conditions must be satisfactorily completed no later than July 11, 2001. The Department reserves the right to cancel the contract if these special conditions are not met within this specified time frame. §2.01 Program Grantee (Recipient) Information Sheet. Recipient must complete and return a NAHTF Program Grantee (Recipient) Information Sheet as prescribed by the Department. §2.02 Authorization to Request Funds. Recipient must complete and return an Authorization to Request Funds form as prescribed by the Department. §2.03 Automated Clearing House (ACH) Enrollment. Completion, and submission to the Department, of the Department's Automated Clearing House (ACH) Enrollment Form. Such form authorizes and facilitates the payment of disbursements by electronic transfers to the Recipient's financial institution through the Nebraska State Treasurer's Office. §2.04 Environmental Review. Documentation is required by the Department evidencing the Recipient's completion of its responsibilities for environmental review and decision making pertaining to the Project. The Department has adopted procedures, checklists, or other assessment tools for the Recipient to follow and prepare, to accomplish an environmental review appropriate to the Project when using Trust Funds. Information concerning the required procedures and documentation will be provided to the Recipient by various means including the transmittal letter accompanying this contract or other informational letters and Departmental guidelines. Page 6 of 10 §2.05 Fair Housing. Documentation must be provided to the Department showing the Recipient has specifically provided a description of the actions they will take to affirmatively further fair housing, with respect to the Project. §2.06 Other Special Conditions. None. PART III: SOURCES AND USES OF FUNDS; PROJECT DESCRIPTION; AND SPECIAL CONDITIONS. §3.01 Sources and Uses of Funds. SOURCES, NAHTF Other TOTAL USES (Activities)1 0530 Housing rehabilitation $100,000 $0 $100,000 (owner-occupied) 0531 Housing $456,762 $9,310,238 $9,767,000 purchase/rehabilitation/resale 0543 Single family housing $120,000 $0 $120,000 down payment assistance 0580 Housing administration $0 $0 $0 0181 General administration $0 $0 $0 TOTAL $676,762 $9,310,238 $9,987,000 §3.02 Project Description. The Project consists of assisting in homeownership by providing down payment assistance to home buyers and assisting with rehabilitation of owner-occupied properties and assisting with a program of purchase, rehabilitation, and then resale of existing homes; for Eligible Beneficiaries in the city of Omaha, Nebraska, impacting 143 Eligible Beneficiaries with no more than 80% of the area median income per the most recent HUD income limits. §3.03 Special Conditions. The Project must be completed in conformance with all provisions of the Rules and of the Guidelines, including, but not limited to, the following matters (underlined terms being defined in the Rules or the Guidelines): (a) The Project must involve Eligible Housing and the housing units must be Affordable and must be purchased by or owner-occupied by Eligible Beneficiaries. Page 7 of 10 (b) Project assistance funds must be subject to recapture for a minimum period. The table below reflects the required appropriate periods of recapture: Activity parameters: Minimum period of recapture in years: Trust Funds invested per unit: Under$15,000 5 $15,000 to $40,000 10 Over$40,000 15 NEW CONSTRUCTION or acquisition of newly constructed housing 20 (c) If the housing does not continue to be the principal residence of the original assisted home buyer, or of the original rehabilitation assisted owner-occupier, for the duration of the period of recapture, then, recapture provisions must be invoked to ensure recouping of Trust Funds assistance funds. The Recipient may invoke any of several recapture options, but the following is required as a minimum: • Trust Funds assistance to be recaptured may be reduced on a pro rata basis comparing the years (rounded down to the nearest whole year): ✓ the original assisted home buyer has owned and occupied the housing unit; or ✓ the years since the original rehabilitation assisted owner- occupier was assisted; measured against the required recapture period. • To illustrate application of this formula, if the original assisted home buyer has owned the housing unit for four years as against a 10-year period of recapture associated with a $15,000 Trust Funds assistance amount, the calculation of the pro rata required recapture is: ✓ 4/10 x $15,000 = $6,000 reduction. $15,000 total Trust Funds assistance minus $6,000 pro rata reduction = $9,000 to be recaptured. (d) Recapture restrictions may terminate upon the occurrence of any of foreclosure or a transfer in lieu of foreclosure. Recapture restrictions shall be revived according to their original terms if, during the original recapture period, the owner of record before the termination event, or any newly formed entity Page 8 of 10 that includes the former owner or those with whom the former has or had family or business ties, obtains an ownership interest in the housing unit. (e) The Recipient must ensure, through appropriate lien instruments which are properly recorded at the time of assistance, that resale restrictions are imposed on the property to ensure recapture of Trust Funds assistance funds. (f) If requested by the Department, documentation must be provided to the Department showing execution of appropriate loan and security interest documents (e.g., promissory note and recapture restrictions in a mortgage) between the Recipient and the persons assisted through the Project. PART IV: SPECIAL REQUIREMENTS AND ASSURANCES. The Recipient agrees to comply with all applicable provisions of the Revised Statutes of Nebraska as they are in effect at the time of execution of the contract, and as such statutes may be amended, from time to time, subsequent to execution of the contract. These statutes include, but are not limited to, the following: • Relocation Assistance Act, §§ 76-1214 to 76-1242, Reissue Revised Statutes of Nebraska (1996). • Nebraska Fair Housing Act, §§ 20-301 to 20-344, Reissue Revised Statutes of Nebraska (1997). • Uniform Procedures for Acquiring Private Property for Public Use, §§ 25-2501 to 25-2506, Reissue Revised Statutes of Nebraska (1995). Per relevant federal and state statutes, and as per the Guidelines, the Recipient acknowledges it may not discriminate in its operation or in Project activities on the basis of age, religion, sex, race, color, national origin, disability, or familial status. The Recipient agrees to comply with all provisions of the Americans With Disabilities Act (ADA) with respect to hiring, training, and employment practices, including reasonable accommodation of persons with disabilities in hiring, training, and employment practices; and in assuring access by persons with disabilities to facilities and services provided by the Recipient to the general public. The Recipient agrees to comply with all federal and local laws applicable to the Project and applicable to the use of Trust Funds, including, but not limited to, the following: • Title VI of the Civil Rights Act of 1964. • Age Discrimination Act of 1975. • Section 504 of the Rehabilitation Act of 1973. • Architectural Barriers Act of 1968. • Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. • Flood Disaster Protection Act of 1973. Page9of10 • National Environmental Policy Act of 1969. • National Historic Preservation Act of 1966. • Fair Labor Standards Act of 1938, as amended. • Contract Work Hours and Safety Standards Act. ACCEPTANCE PROVISIONS. The parties acknowledge they have read and understand this contract and agree to its provisions, and that it will be effective on the date when both parties have signed. NEBRASKA DEPARTMENT OF RECIPIENT City of Omaha, Nebraska ECONOMIC DEVELOPMENT r if_,.4. , By: By: (Director or Designee) (Elected Official of Recipient) Hal Daub, Mayor of the City of Omaha (Typed or Printed Name/Title) (Typed or Printed Name/Title) 51/0/4 (Date) (Date) 47-6006304 (Federal Identification Number) APPROVED AS TO FORM: ATTEST: ( 3 CVO/ 421te ‘90%1/ Assistant City'Attorney Date I Ci 7 erk of the City of Omaha Date Page 10 of 10 STATE OF NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT NEBRASKA AFFORDABLE HOUSING TRUST FUND PROGRAM (regarding the Department's 2000 Regional Homeowner Programs) CONTRACT NO. 00-TFHP-701 This contract is entered into between the State of Nebraska, Department of Economic Development ("Department"), and the City of Omaha, Nebraska ("Recipient"), upon the date of signature by both parties. RECITALS: A. Pursuant to the Nebraska Affordable Housing Trust Fund Act ("Act"), the Department is directed to administer the funds made available pursuant to the Act and on deposit in the Affordable Housing Trust Fund ("Trust Fund"; and money therein "Trust Funds"). B. The Department has been designated and empowered to receive, administer, and disburse Trust Funds to achieve an adequate supply of affordable, decent, safe, and sanitary housing for low-to-moderate income Nebraskans, all in accordance with the Act; the Rules and Regulations Concerning the Administration of the Affordable Housing Act, Title 86, Nebraska Administrative Code, Chapter 5 ("Rules"); and the Nebraska Affordable Housing Trust Fund Program Guidelines including the specific 2000 Application Guidelines ("Guidelines"); adopted by the Department, which Rules and Guidelines are incorporated herein by this reference; (collectively the "Program"). C. The Recipient has submitted an application ("Application") to the Department, which Application is incorporated herein by this reference, setting forth a project to assist in homeownership as specified in ¶D below ("Project"), using a combination of private and public financing, including a disbursement of Trust Funds from the Department to the .Recipient pursuant to this contract; and the Department has approved the Application. D. The Project consists of providing down payment assistance to home buyers and assisting with rehabilitation of owner-occupied properties and assisting with a program of purchase, rehabilitation, and then resale of existing homes; for Eligible Beneficiaries (term defined in the Rules and Guidelines) in the city of Omaha, Nebraska, impacting 143 Eligible Beneficiaries with no more than 80% of the area median income per the most recent HUD income limits. AGREEMENT: Premised on the Recitals above, and in consideration of the mutual promises and understandings of the parties set forth below, the parties agree as follows: PART I: TERMS AND CONDITIONS. §1.01 Amount of Disbursement to Recipient. Page 1 of 10 • The Department will disburse Trust Funds to the Recipient, for the Project, in a total amount not to exceed $676,762. Of that amount, none is approved for housing administrative expenses and none is approved for general administrative and audit expenses. Disbursements (generally referred to at the Department as Drawdowns) of the Trust Funds will be made to the Recipient upon the request of the Recipient, in the form and manner prescribed by the Department, and must be supported by contracts, invoices, vouchers and other documentation deemed appropriate and required by the Department. • §1.02 Use of Trust Funds. Trust Funds disbursed to Recipient will be used for the sole and express purpose of carrying out the Project and will be used in conformance with the provisions of this contract. Trust Funds are being used to assist in homeownership as described in ¶D of the Recitals. §1.03 Time of Performance. The period covered under this contract will be 24 months from April 11, 2001. The termination date of this contract will be April 11, 2003. All of the required activities and services, except for administration and audit, will be completed by or before this date. §1.04 Accounting For Trust Funds by the Recipient. The Recipient will account for Trust Funds in a manner consistent with generally accepted accounting principles. All expenditures of the Trust Funds by the Recipient will be for obligations incurred in the performance of this contract, and will be supported by contracts, invoices, vouchers, and other supporting documentation evidencing the necessity for such expenditures. Failure to comply with these requirements will allow the Department to withhold disbursements until compliance is demonstrated to the satisfaction of the Department. §1.05 Designation of Officials to Execute Contract and Amendments. The Director of the Department(or their designee) is the official authorized to execute this contract and any amendments to this contract, on behalf of the Department. The Chief Elected Official (if Recipient is a governmental unit) or the Executive Officer(if Recipient is not a governmental unit) of the Recipient is the official/officer authorized to execute this contract and any amendments to this contract, on behalf of the Recipient. The Recipient or the Department may request amendments to this contract. Amendments will not be effective until mutually agreed to in writing by both parties. Page 2 of 10 Recipient certifies that it possesses legal authority to accept and administer Trust Funds under the Program, and to execute the Project described in this contract. §1.06 Waivers in Writing. No conditions or provisions of this contract can be waived unless approved by the Department in writing. §1.07 Assignment of Interest. The Recipient will not assign or transfer any interest in this contract to any other party without the written consent of the Department. §1.08 Records and Recordkeeping Duration. The Recipient will keep such records as the Department may require for compliance with the Program. Unless specifically longer periods are set forth in other Program or contract provisions, all records pertinent to the Project will be retained by the Recipient for a period of three years after the final audit of the Project. If any claim, litigation, or audit is started before the expiration of the three-year period, the records must be retained until all claims, litigation, or audit findings involving the records have been resolved. §1.09 Access to Records. The Department and other duly authorized officials of the State of Nebraska will have full access to; and the right to examine, audit, excerpt, and transcribe; any of the Recipient's records pertinent to this contract. §1.10 Performance Reviews; Audits; and Project Completion Reports. The Department may conduct performance review monitoring visitations, and may audit the Recipient's records, including records that are part of the matching contribution (if any), for compliance with this contract. In addition to performance reviews and compliance audits, a cost certification audit may either be conducted by the Department, or requested by the Department to be done by independent accountants, at the Recipient's expense. The Trust Funds are subject to audit in the manner specified by the Department according to the Rules and Guidelines of the Program. Within 90 days following completion of all work on the Project and final disbursement of the Trust Funds, the Recipient shall provide to the Department the following project completion reports: (a) A certification of Project completion; and, (b) A certification of compliance with all requirements of this contract. Page 3 of 10 u §1.11 Conflict of Interest. No officer, employee, or agent of the Recipient will participate in the selection, or in the award or administration, of a contract supported by the Trust Funds if a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise when: (a) the employee, officer, or agent; or, (b) any member of their immediate family; or, (c) their partner; or (d) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the person or entity selected for contracting. The Recipient's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements, during the time of performance of this contract or for one year after closeout. This stipulation must be included in all other contracts and subcontracts to this contract. Upon written request by the Recipient, exceptions may be granted by the Department upon a case-by-case basis when it is determined that such an exception will serve to further the purposes of the Program. §1.12 Political Activity. No portion of the Trust Funds provided will be used for any partisan political activity, to further the election or defeat of any candidate for public office, or to influence the approval or defeat of any ballot issue. §1.13 Prohibitions Against Payment of Bonus or Commission. The Trust Funds will not be used for payment of any bonus or commission for the purpose of obtaining Department approval of the Application. However, reasonable fees for consultants, managerial, or other services are eligible as Project costs. §1.14 Non-Waiver. The Department's failure to insist upon strict performance of any provision of this contract, or to exercise any right based upon breach, will not constitute a waiver of any right under this contract. §1.15 Severability. If any provision under this contract or its application to any person or circumstance is held invalid by any court of competent jurisdiction, the invalidity will not affect other Page 4 of 10 • provisions of this contract. §1.16 Entire Agreement, Binding Effect, and Counterparts. This instrument, along with any attachments, the approved Application, and those items incorporated by reference, contain the entire agreement between the parties. Any statements, inducements, or promises not contained within such instruments will not be binding upon the parties. This agreement will be binding upon, and will inure to the benefit of, the successors, assigns, and legal representatives of the parties. This agreement, or any amendment of this agreement, may be signed in any number of counterparts, each of which will be an original, but all of which taken together will constitute one agreement (or amendment, as the case may be). §1.17 Termination by Agreement. This contract may be terminated in whole or in part, prior to the completion of the contract or the Project, when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of Trust Funds. The parties must agree on the termination conditions, including the effective date and the portion to be terminated. The Recipient will not incur new obligations for the terminated portion after the effective date, and will cancel as many outstanding obligations as possible. If a release of funds has been achieved, the Department will make funds available to the Recipient to pay for allowable expenses incurred before the effective date of termination. §1.18 Termination for Cause. In the event: (a) the terms of this contract have not been, nor are anticipated to be, fulfilled; (b) the Department determines the Application contained material omissions, errors, or misrepresentations; or, (c) the Department determines Trust Funds have been used for purposes other than contracted Program or Project purposes; then, the Department may terminate this contract, or seek repayment of Trust Funds paid to the Recipient, or both. §1.19 Termination Due to Loss of Funds. This contract will terminate in full or in part, at the discretion of the Department, in the event the Department suffers a loss of funding of Trust Funds which permit it to fund the Project. In such an event, the Department will provide the Recipient written notice setting Page 5 of 10 forth the effective date of full or partial termination. §1.20 State Liability/Hold Harmless. The Recipient will hold the State of Nebraska and the Department harmless from any and all claims, demands, and actions based upon, or arising out of, any services performed by the Recipient, or by Recipient's associates, employees, contractors, and subcontractors under this contract. PART II: SPECIAL CONDITIONS FOR RELEASE OF FUNDS. Funding of the amount specified in §1.01 will not be released to the Recipient by the Department until the following Special Conditions for Release of Funds are met. These special conditions must be satisfactorily completed no later than July 11, 2001. The Department reserves the right to cancel the contract if these special conditions are not met within this specified time frame. §2.01 Program Grantee (Recipient) Information Sheet. Recipient must complete and return a NAHTF Program Grantee (Recipient) Information Sheet as prescribed by the Department. §2.02 Authorization to Request Funds. Recipient must complete and return an Authorization to Request Funds form as prescribed by the Department. §2.03 Automated Clearing House (ACH) Enrollment. Completion, and submission to the Department, of the Department's Automated Clearing House (ACH) Enrollment Form. Such form authorizes and facilitates the payment of disbursements by electronic transfers to the Recipient's financial institution through the Nebraska State Treasurer's Office. §2.04 Environmental Review. Documentation is required by the Department evidencing the Recipient's completion of its responsibilities for environmental review and decision making pertaining to the Project. The Department has adopted procedures, checklists, or other assessment tools for the Recipient to follow and prepare, to accomplish an environmental review appropriate to the Project when using Trust Funds. Information concerning the required procedures and documentation will be provided to the Recipient by various means including the transmittal letter accompanying this contract or other informational letters and Departmental guidelines. Page 6 of 10 §2.05 Fair Housing. Documentation must be provided to the Department showing the Recipient has specifically provided a description of the actions they will take to affirmatively further fair housing, with respect to the Project. §2.06 Other Special Conditions. None. PART III: SOURCES AND USES OF FUNDS; PROJECT DESCRIPTION; AND SPECIAL CONDITIONS. §3.01 Sources and Uses of Funds. SOURCES NAHTF Other TOTAL USES (Activities) 0530 Housing rehabilitation $100,000 $0 $100,000 (owner-occupied) 0531 Housing $456,762 $9,310,238 $9,767,000 purchase/rehabilitation/resale 0543 Single family housing $120,000 $0 $120,000 down payment assistance 0580 Housing administration $0 $0 $0 0181 General administration $0 $0 $0 TOTAL $676,762 $9,310,238 $9,987,000 §3.02 Project Description. The Project consists of assisting in homeownership by providing down payment assistance to home buyers and assisting with rehabilitation of owner-occupied properties and assisting with a program of purchase, rehabilitation, and then resale of existing homes; for Eligible Beneficiaries in the city of Omaha, Nebraska, impacting 143 Eligible Beneficiaries with no more than 80% of the area median income per the most recent HUD income limits. §3.03 Special Conditions. The Project must be completed in conformance with all provisions of the Rules and of the Guidelines, including, but not limited to, the following matters (underlined terms being defined in the Rules or the Guidelines): (a) The Project must involve Eligible Housing and the housing units must be Affordable and must be purchased by or owner-occupied by Eligible Beneficiaries. Page 7 of 10 (b) Project assistance funds must be subject to recapture for a minimum period. The table below reflects the required appropriate periods of recapture: Activity parameters: Minimum period of recapture in years: Trust Funds invested per unit: Under$15,000 5 $15,000 to $40,000 10 Over$40,000 15 NEW CONSTRUCTION or acquisition of newly constructed housing 20 (c) If the housing does not continue to be the principal residence of the original assisted home buyer, or of the original rehabilitation assisted owner-occupier, for the duration of the period of recapture, then, recapture provisions must be invoked to ensure recouping of Trust Funds assistance funds. The Recipient may invoke any of several recapture options, but the following is required as a minimum: • Trust Funds assistance to be recaptured may be reduced on a pro rata basis comparing the years (rounded down to the nearest whole year): ✓ the original assisted home buyer has owned and occupied the housing unit; or ✓ the years since the original rehabilitation assisted owner- occupier was assisted; measured against the required recapture period. • To illustrate application of this formula, if the original assisted home buyer has owned the housing unit for four years as against a 10-year period of recapture associated with a $15,000 Trust Funds assistance amount, the calculation of the pro rata required recapture is: ✓ 4/10 x $15,000 = $6,000 reduction. $15,000 total Trust Funds assistance minus $6,000 pro rata reduction = $9,000 to be recaptured. (d) Recapture restrictions may terminate upon the occurrence of any of foreclosure or a transfer in lieu of foreclosure. Recapture restrictions shall be revived according to their original terms if, during the original recapture period, the owner of record before the termination event, or any newly formed entity Page 8 of 10 a that includes the former owner or those with whom the former has or had family or business ties, obtains an ownership interest in the housing unit. (e) The Recipient must ensure, through appropriate lien instruments which are properly recorded at the time of assistance, that resale restrictions are imposed on the property to ensure recapture of Trust Funds assistance funds. (f) If requested by the Department, documentation must be provided to the Department showing execution of appropriate loan and security interest documents (e.g., promissory note and recapture restrictions in a mortgage) between the Recipient and the persons assisted through the Project. PART IV: SPECIAL REQUIREMENTS AND ASSURANCES. The Recipient agrees to comply with all applicable provisions of the Revised Statutes of Nebraska as they are in effect at the time of execution of the contract, and as such statutes may be amended, from time.to time, subsequent to execution of the contract. These statutes include, but are not limited to, the following: • Relocation Assistance Act, §§ 76-1214 to 76-1242, Reissue Revised Statutes of Nebraska (1996). • Nebraska Fair Housing Act, §§ 20-301 to 20-344, Reissue Revised Statutes of Nebraska (1997). • Uniform Procedures for Acquiring Private Property for Public Use, §§ 25-2501 to 25-2506, Reissue Revised Statutes of Nebraska (1995). Per relevant federal and state statutes, and as per the Guidelines, the Recipient acknowledges it may not discriminate in its operation or in Project activities on the basis of age, religion, sex, race, color, national origin, disability, or familial status. The Recipient agrees to comply with all provisions of the Americans With Disabilities Act (ADA) with respect to hiring, training, and employment practices, including reasonable accommodation of persons with disabilities in hiring, training, and employment practices; and in assuring access by persons with disabilities to facilities and services provided by the Recipient to the general public. The Recipient agrees to comply with all federal and local laws applicable to the Project and applicable to the use of Trust Funds, including, but not limited to, the following: • Title VI of the Civil Rights Act of 1964. • Age Discrimination Act of 1975. • Section 504 of the Rehabilitation Act of 1973. • Architectural Barriers Act of 1968. • Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. • Flood Disaster Protection Act of 1973. Page 9 of 10 • National Environmental Policy Act of 1969. • National Historic Preservation Act of 1966. • Fair Labor Standards Act of 1938, as amended. • Contract Work Hours and Safety Standards Act. ACCEPTANCE PROVISIONS. The parties acknowledge they have read and understand this contract and agree to its provisions, and that it will be effective on the date when both parties have signed. NEBRASKA DEPARTMENT OF RECIPIENT-0 City of Omaha, Nebraska ECONOMIC DEVELOPMENT By: By: (Director or Designee) (Elected Official of Recipient) Hal Daub. Mayor of the City of Omaha (Typed or Printed Name/Title) (Typed or Printed Name/Title) VOA/ Date Da 47-6006304 (Federal Identification Number) APPROVED AS TO FORM: ATTEST: Q7)/ 4-e!. -( � Assistant City ttorney Date C y Clerk of t e ity of Omaha Date Page 10 of 10 Nebraska Affordable Housing Trust Fund ENVIRONMENTAL STATUS CHECKLIST This form must be completed,executed by a Chief Official and returned to the Department in order to have funds released. Chief Official is recognized as the following: 1) Local Government:Mayor or Board 3. Public Housing Authority Executive Director Chairperson 2) Non profit:501(c)(3)or 501(c)(4),Board 4. Community Housing Development Chairperson or Executive Director Organization Executive Director • Check each of the activities listed in the application against one of the Environmental Review status. Finding of Exemption under 24 CFR 5834: Environmental and other studies; Administrative and management activities; Public services having no physical impact or resulting in physical changes; Engineering or design costs; Technical assistance and training; Categorical exclusions listed in 58.35 provided no circumstances require compliance with laws and authorities cited in 58.5. Finding of Categorically Excluded/Not Subject to 24 CFR 58.5: Supportive Services; Operating costs; X Homebuyer Assistance for existing dwelling units or dwelling units under construction"not assisted with Federal funds"; Affordable Housing Pre-development. *Down payment assistance, Existing dwelling units Finding of Categorically Excluded/Subject to 24 CFR 58.5(Complete Statutory Checklist): Limited repair,acquisitions, improvement, reconstruction, or rehabilitation of public, non- building facilities; Rehabilitation of buildings(including residential)when certain conditions are met; X Individual action on a one-to four-family dwelling or an individual action on a project of five or more units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four units on any one site; Acquisition of existing structure or vacant land when conditions are met. *Housing Rehabilitation *Acquisition of existing structures • List activities in addition to activities listed above that will require Environmental Assessment(EA)or Environmental Impact Statement(EIS). (These activities may be grouped together for a project level review): (Contact your program representative for an Environmental Assessment Checklist) *Down payment assistance, dwelling units constructed with the assistance of Federal Funds.. Environmental assessment completed. Release of Federal funds approved by the U.S. Department of Housing and Urban Deft-lopmen . C Ctaxt&_ • .. irSTI Signature: Title: Mayor Address: 1819 Farnam Street, Suite 1100 • City/State/Zip: nmaha NF E,fil Rj Date: I47/4. Revised: 6/1/00 Nebraska Department of Economic Development {. Statutory Checklist Instructions This Checklist covers Federal laws, regulations, and Executive Orders. Not Applicable to this Project-Check here, only when it is known that the project is not located in an area where the environmental condition or resource is nonexistent (e.g., project is not located in a delineated floodplain). Consultation Required-This requires contact with appropriate individuals at Federal or federally authorized agencies and documentation of that contact through attached notes and correspondence. Review Procedures Required-(e.g., 106 procedure of the State Historic Preservation Office) Permits Procedure Required-Attachments should indicate evidence of permits that have to be secured, or required procedures followed. Determination of Consistency, Approvals and Permits Obtained-e.g., consistent with FederaUState requirements on Hazardous Sites.) In areas requiring consistency or where projects required Federal/State permits, licenses or other forms of approval, such requirements should be recorded here as having been met. Any condition, temporary permit or partial approval is recorded in the next column in a document recorded in the ERR. Conditions or Mitigation Action Required-These should be listed and attached including any correspondence from reviewing agencies and a designation of responsibility for implementation. For each Checklist category there may be more than one applicable law or regulation. For example, in the case of water it will be necessary to indicate that the project is in compliance with the Safe Drinking Water Act and that the various water quality acts and regulations have been considered. Check all applicable laws or regulations. In addition, there is space provided on the Checklist form to document compliance with the applicable law, regulation or Executive Order and to indicate source of information and reference that support the finding. Notes, correspondence, and documents (e.g., approval letters, permits) can also be attached to the Checklist. It is recommended that State or local environmental laws or regulations be added to the Statutory Checklist as applicable to a particular grant project. Space has been provided to do so on this form.In addition, new Federal statutes and regulations should be added when issued. Grant recipients are reminded that they must certify that they have complied with the obligations and requirements of all other applicable laws and authorities. 4'23 Revised December 1999 I Statutory Checklist Checklist of Applicable Statutes and Regulations Project Name and Identification No. Are all activities of this project exempt from NEPA procedures? 0 Yes 0 No (If yes, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? 0 Yes 0 No (If yes,this Statutory Checklist and all required actions must be completed.) U >. a) AREA OF STATUTORY-- c g REGULATORY COMPLIANCE _ IDo p �' �- -5 0 to �ci ) 1 a c cr cif) c ( o- tl 0 0 cc c c t Reference to Notes Providing E 'o c Documentation Sources and Z U a - Q o Q Correspondence HISTORIC PROPERTIES FLOODPLA1N MANAGEMENT WETLANDS PROTECTION NOISE AIR QUALITY MANMADE HAZARDS THERMAUEXPLOSIVE HAZARDS AIRPORT CLEAR ZONES WATER QUALITY SOLID WASTE DISPOSAL COASTAL AREAS COSTAL ZONE MANAGEMENT COASTAL BARRIER RESOURCES ENDANGERED SPECIES 'Attach evidence that required actions have been taken. 4-24 Revised December 1999 Statutory Checklist (continued) Checklist of Applicable Statutes and Regulations Permits, Licenses, Forms of Compliance Under Other Laws (FEDERAL. STATE AND LOCAL LAWS) U >. OTHER AREAS OF C) t0 _0 STATUTORY AND 3 • o .� REGULATORY COMPLIANCE .5 • v APPLICABLE TO PROJECT ° o aD CC cco oo .cu o O 0• . f, a 'Q m Cr c o ¢ Reference to Notes Providing Q N c, E o o Documentation Sources and o U t m a a Correspondence Z O < U < WILD AND SCENIC RIVERS • FARMLAND PROTECTION ENVIRONMENTAL JUSTICE HAZARDOUS SITES FISH AND WILDLIFE • STATE OR LOCAL STATUTES TO BE ADDED BY LOCAL COMMUNITY • • 4:75 Revised December 1999 'ti Listing of Applicable Statutes and Regulations by Area of Compliance Historic Properties Water Quality National Historic Preservation Act of 1966,Section 106 Federal Water Pollution Control Act,as Amended(33 (16 U.S.C.470-470+ I) U.S.C. 125-1376) Preservation of Historic and Archaeological Data Act of Safe Drinking Water Act of 1974(42 U.S.C. 300f- 1974(16 U.S.C.469-469c) 300j-10)as Amended Executive Order 11593 -Protection and Enhancement of U.S. Environmental Protection Agency(EPA) the Cultural Environment Implementing Regulations 40 CFR Parts 100-149 Protection of Historic and Cultural Properties ACHP Regs. 36 CFR Part 800(Section 106) Solid Waste Disposal Solid Waste Disposal Act as Amended by the Floodplain Resource Conservation and Recovery Act of 1976(42 Flood Disaster Protection Act of 1973(PL 93-234)and U.S.C.6901-6987) Implementary Regulations U.S. Environmental Protection Agency(EPA) Title 24, Chapter X,Subchapter B,National Flood implementing Regulations 40 CFR Parts 240-265 Insurance Program(44 CFR 59-75) Coastal Areas Executive Order 11988 and HUD Procedure for Coastal Zone Management Act of 1972 as Amended Floodplain Management(24 CFR Part 55) (16 U.S.C. 1451-1464) Wetlands Coastal Barrier Resources Act of 1982(16 U.S.C. Executive Order 11990, Protection of Wetlands 3501 et.seq.) Applicable State Legislation or Regulations.Also 24 CFR Part 55 Endangered Species Endangered Species Act of 1973 as Amended(16 Noise U.S.C. 1531-1543) HUD Regulations(24 CFR Part 51,Subpart B) Farmlands Protection Air Quality Farmlands Protection Policy Act of 1981 (U.S.C.4201 Clean Air Act of 1970 as Amended(42 U.S.C.7401-76 et.seq.)Implementing Regulations 7 CFR Part 658 42)EPA Regulation 40 CFR Part 50,and Partially 40 CFR Part 51.52,61. Wild and Scenic Rivers Man-made Hazards Wild and Scenic Rivers Act of 1968 as Amended(16 HUD Regulation(24 CFR Part 51,Subpart C,24 CFR U.S.C. 1271 et.seq.) Part 51 Subpart D) Prepared By Title Date 4-26 Revised December 1999 . • otANHA,,VF Planning Department `.aO_ 'e 4°s Omaha/Douglas Civic Center � 7 1819 Farnam Street,Suite 1 100 at® ram{`a Omaha,Nebraska 68183-0110 f ' ` (402)444-5200 " � (402)444-5150 Telefax(402)444-6140 'TEo FeeR°r Robert C.Peters City of Omaha Acting Director Hal Daub,Mayor Authorization to Request • Nebraska Affordable Housing Trust Fund Award Funds This is to Certify that Hal Daub, Mayor and TYPE NAME of Mayor or Board Chairperson) Buster Brown, City Clerk are authorized to request Nebraska Affordable (TYPE NAME of Clerk or Executive Director) Housing Trust Fund Award Funds for City of Omaha TYPE NAME of Awardee[City,Village,County or Non-Profit Organization]) for Trust Fund Number 00TFHP701 ;and that the signatures appearing below are the (TYPE the Contract Number) true signatures of the aforementioned individuals. { SIGNATURES OF AUTHORIZED OFFICIALS .0 e a l` : ,• Signature S na ure Hal Daub Buster Brown Typed Name Typed Name Mayor of the City of Omaha City Clerk of the City of Omaha Title Title 5 b ( b1 3 /0/ Date Date P:\PLN 1\10001 f.doc AFFORDABLE HOUSING TRUST FUND INFORMATION SHEET This information is provided to the Department of Economic Development to be used in updating mailing lists necessary for distributing Affordable Housing Trust Fund grant information: Trust Fund Grant No.: 00TFHP701 Organization: City of Omaha Mailing Address: 1819 Farnam Street, Suite 1100, Omaha, NE 68183 Chief Elected/Executive: Hal Daub, Mayor of the City of Omaha Officer: • Listed below is the AFFORDABLE HOUSINGTRUST FUND Grant Contact, the person from the local government responsible for day-to-day Trust Fund administration. A local contact person must be designated even if a for-profit or not-for-profit firm is hired to administer the Trust Fund grant. Complete this item even if the local contact will be the mayor/chairman or clerk. Mike Saklar, Assistant Planning Director Contact Person/Title 402-444-5170 Phone Number If You have hired or intend to hire a private Other persons to receive copies of all Trust firm to administer the Trust Fund grant, Fund correspondence (optional): provide the following information: Pat Evans, Planner I NameTtle (If Applicable) Firm 1819 Farnam Street, Suite 1100 Omaha, NE 68183 • Address Name of Grant Administrator Name/Title (If Applicable) Address Address Phone Number . • • C:25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr April 171 2001 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha, Nebraska, is an eligible unit of general local government that receives annual Entitlements from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990; and, WHEREAS, the City of Omaha, Nebraska, follows a Citizen Participation Plan, has obtained its citizens' comments on housing and community development needs, and on June 15, 2000 and September 21, 2000, conducted public hearings on its Consolidated Submission for Community Planning and Development Programs; and, WHEREAS, the creation of affordable housing opportunities to benefit low and moderate income persons or to address slum and blight conditions on a spot basis, is a priority of the City's Consolidated Submission for Community Planning and Development Programs; and, WHEREAS, the City of Omaha utilizes Home Investment Partnerships Program funds and Community Development Block Grant Program funds for its affordable housing program for homebuyers in partnership with non-profit organizations, to include Holy Name Housing Corporation, South Omaha Affordable Housing Corporation, Omaha Economic Development Corporation, New ,Community Development Corporation, Minority Contractors Development Organization, and Omaha 100; and, WHEREAS, the City of Omaha currently administers an affordable housing program to provide homebuyer assistance financing, acquisition, rehabilitation and construction financing to the collaborating non-profit organizations; and, WHEREAS, the City of Omaha will partnership with, including, but not limited to: Christmas In April and Omaha Economic Development Corporation, non-profit organizations that will conduct programs not funded with Community Development Block Grant Program funds nor Home Investment Partnership funds, to provide emergency repair services and post rental rehabilitation homeownership opportunities to low income persons; and, By Councilmember Adopted City Clerk Approved • Mayor • C 25"A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr April 17, 2001 PAGE-2- WHEREAS, it is in the best interests of the citizens of the City of Omaha for the Mayor of the City of Omaha to apply for Nebraska Housing Assistance Trust Funds in the amount of $676,762 to be used, in conjunction with the City of Omaha's Home Investment Partnerships Program and the Community Development Block Grant Program,- to develop affordable homeownership opportunities for low and moderate income homebuyers or address slum and blight conditions on a spot basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Mayor is hereby authorized to execute all necessary documents with the State of Nebraska Department of Economic Development to secure a Nebraska Housing Assistance Trust Fund grant in the amount of Six Hundred Seventy-Six Thousand, Seven Hundred Sixty-Two Dollars ($676,762) to be used to create affordable homeownership opportunities to benefit low and moderate income persons or address slum and blighted conditions on a spot basis. APPROVED AS TO FORM: (% j44a( CITY ATTORNEYATE P:\PLN1\1 663sap.doc By ouncilmember 72al Adopted —, P R 1 J-O or:. ••/_ ... • Ci lerk A , - ' 740/Approved.. :.: ayo �d fill1 .�'.. Cn c•n DwOG.CD " CD• c y O v v'D o C O na O i. fa, \ $1.) ck.„ CD •-t V`C ,-.' P-3 CD '•< )--• QQ tn Cr X ,-I- 0 cD N N_ C IllHi O R. CCDD )d CCDD 'O.S' .-r�UQ n. CCDD Of k .. czl. . .. • fir ...