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RES 2000-2596 - Amendment to agmt with Housing nad Neighborhood Developers Inc for construction of homes in Saratoga Place infill housing target area
�tJ1AHA,NFa RECEIVED .Planning Department Omaha/Douglas Civic Center stir �. ����r�. 0JO SEP I I Ail I I: 01 819 Farnam Street,Suite 1100 tirflL;!(� a?t.:iA„ Omaha,Nebraska 68183-0110 o®1jsw ; CLERK (402)444-5200 e ro ` , (402)444-5150 °R *� O , t , , i:.B R�}.S IRA Telefax(402)444-6140 44'D FEB03 September 19, 2000 Robert C.Peters City of Omaha Acting Director Hal Daub,Mayor Honorable President and Members of the City Council, This proposed Resolution amends the Agreement between the City of Omaha and Housing And Neighborhood Developers, Inc., a Nebraska Non-profit Corporation (HANDS), 2319 Ogden Street, Omaha, Nebraska 68110, David Porter, Executive Director, approved by the City Council on April 28, 1998,. by Resolution No. 1100. The original Agreement authorizes a Loan Fund of $100,000.00, in FY 1998 CDBG Funds, for construction of two single-family homes in the Saratoga Place Infill Housing Target Area bounded by Grand Avenue on the north, Larimore Avenue on the south, 22nd Street on the east and 24th Street on the west. The Agreement further provides deferred payment loans not to exceed $25,000.00 for construction financing and to assist qualified homebuyers whose annual income is less than or equal to 80% of the Median Income by Family Size in purchasing. Funds in the amount of $100,000.00 shall be paid from FY 1998 CDBG Saratoga Place Infill Housing Development Program, Agency No. 200, Fund No. 193, Organization No. 8321. The purpose of this amendment is to increase the number of units to be constructed and sold from two to three, to change the project completion date from April 28, 2001 to April 28, 2002; to bring the Agreement into compliance with the Planning Department's updated project construction guidelines by increasing the Deferred Payment Loans from $25,000.00 to $35,000.00 and to permit the construction of one model home. • Your favorable consideration of this Resolution will be appreciated. • Respectfully submitted, erre ,o y ount 1 i , Co '...iderat_o t., 8 ( .00 2W6c) Steven N. Jensen, CP M S Date ayor's Of ice/Title (6 f Date Acting Planning Director Appr ed: Approved: 00 -eQ_AL,Cc rovwd-#4.4,14f." Th.iloo Stanley P. T un Date Kellie Paris-Asaica Date Acting Finance Director Human Relations Director P:\PLN I\964 I sap.doc 4 ` S 0-K 9//9/00. AMENDMENT THIS AMENDMENT AMENDS THE AGREEMENT approved by the City Council on April 28, 1998, by Resolution No. 1100, between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, (also referred to as "City"), and the Housing And Neighborhood Developers, Inc., a Nebraska Non-Profit Corporation, 2319 Ogden Street, Omaha, Nebraska 68110 (sometimes hereinafter referred to as "HANDS"). WHEREAS, the original Agreement authorizes a Loan Fund of $100,000.00 for the construction of two single-family homes in the Saratoga Place Infill Housing Target Area bounded by Grand Avenue on the north, Larimore Avenue on the south, 22nd Street east, and 24th • Street on the west, and the provision for Deferred Payment Loans for construction financing and to assist qualified homebuyers whose annual income is less than or equal to 80% of the Median Income by Family Size in purchasing; and, WHEREAS, the purpose of this amendment is to increase the number of units to be constructed and sold from two to three; to change the project completion date from April 28, 2001 to April 28, 2002; to bring the Agreement into compliance with the Planning Department's updated project construction guidelines by, among other things, increasing the Deferred Payment Loans from $25,000.00 to $35,000.00 and to permit the construction of one model home. NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS, the Housing And Neighborhood Developers, Inc., and the City of Omaha agree as follows: Recitals and Section 1 though Section 7, shall be deleted in its entirety and the following language shall be substituted in its place and stead: - 1 - • RECITALS: WHEREAS, the City of Omaha (hereinafter referred to as "the City") is a municipal corporation located in Douglas County, Nebraska, and is organized and existing under the laws of the State of Nebraska, and is authorized and empowered to exercise all powers conferred by the State constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local ordinances, including but not limited to, the power to contract; and, WHEREAS, the City of Omaha annually receives Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low and moderate income residents, eliminating slums and blight; and for other urgent community development needs; and, WHEREAS, the City Council approved the City of Omaha's 1998 Consolidated Submission for Community Planning and.Development Programs on December 16, 1997, by Resolution No. 3397; and, WHEREAS, HANDS Saratoga Place Infill Housing Development Loan Fund was included in the FY 1998 CDBG Program.and 100,000.00 was allocated to the program; and, WHEREAS, HANDS proposed to use $100,000.00 to construct and sell three homes, during the term of this Agreement; and, WHEREAS, HANDS plans to assist potential homeowners in obtaining mortgage financing at an affordable rate; and, WHEREAS, a determination has been made that this project provides or improves housing which is determined to benefit low and moderate income persons or addresses slums and blighted conditions on a spot basis; and, - 2 - WHEREAS, it is in the best interest of the citizens of the City of Omaha to continue the construction of single-family dwelling units in the North Omaha community and to provide Deferred Payment Loans for construction financing and to eligible homebuyers to assist in purchasing a newly constructed home. Section 1. Definitions The following terms shall have the following meanings for all purposes in this Agreement: 1.1 "Contractor" shall mean - the Housing And Neighborhood Developers, Inc., a Nebraska Non-profit Corporation, 2319 Ogden Street, Omaha, Nebraska 68110 (see Exhibit "A"). 1.2 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation. 1.3 "Director" shall mean-the Planning Director of the City of Omaha. 1.4 "Target Area" shall mean — an around bounded by Grand Avenue on the north, Larimore Avenue on the south, 22nd Street on the east and 24th Street on the west. 1.5 "Property" shall mean - those dwelling units constructed or those scheduled for construction in the Target Area. 1.6 "HANDS" shall mean-the Housing And Neighborhoods Developers, Inc. 1.7 "Low Income Family" shall mean - a family whose annual income does not exceed 80 percent of the median income for the Omaha NE-IA Metropolitan Statistical Area as determined by HUD. 1.8 "Developer" shall mean - a public or private non-profit agency, authority or organization receiving CDBG funds to undertake eligible activities. In this Agreement,the developer is Housing And Neighborhood Developers, Inc. 1.9 "HUD" shall mean-the U.S. Department of Housing and Urban Development. 1.10 "Community Development Block Grant (CDBG)" shall mean — the program conducted under the provisions of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.), and the Code of Federal Regulations (24 CFR Part 570). - 3 - • 1.11 "CDBG shall mean - that portion of the Community Development Block Grant 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 1998 program year for the use specified herein in an amount not to exceed $100,000.00, payable from the CDBG Housing Development Program, Agency No. 200, Fund No. 193, Organization No. 8321, subject to the terms, conditions and requirements of said Loan Fund Agreement. 1.12 "Deferred Payment Loan (DPL) for Construction Financing" shall mean — a $100,000.00 loan fund without interest to HANDS in an amount not to exceed $35,000.00 per individual property in FY 1998 CDBG funds for a pre-sold house as described herein in Section 2.1.3 made subject to the terms, conditions, and provisions of the loan agreement under which said loan is made, secured by no less than a second mortgage/deed of trust on an individual property, which shall provide, inter-alia, that same shall become due and payable without interest upon the sale or transfer of ownership of the property, or portion thereof, by the HANDS. In the case of a speculation or model house, the DPL cannot exceed $100,000.00 as described in Section 2.1.2 herein. 1.12.1 "Construction Financing" shall mean, but is not limited to, billings for any acquisition, closing costs, predevelopment and public improvements costs, financing, legal, accounting, architectural or construction supervision costs, developer fees, costs for materials, labor, utility hookups and site preparation associated with the construction of properties in the Target Area. 1.12.2 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure, HANDS may buy out the first mortgage and the second mortgage using "CDBG Funds". No additional "CDBG Funds" will be disbursed to rehabilitate the property. After the rehabilitation of the property, the maximum DPL to assist the homebuyer in purchasing the property is $35,000.00 on a foreclosed newly constructed property. 1.13 "Deferred Payment Loan to Assist Homebuyer" shall mean — a loan without interest of CDBG funds in an amount not to exceed $35,000.00 for a constructed property, made subject to the terms, conditions and provisions of the loan agreement under which said loan is made, secured by no less than a second mortgage/deed of trust on an individual property, which shall provide, inter-alia, that same shall become due and payable without interest upon the sale or transfer of ownership of the property, or portion thereof, or interest therein by the Owner within ten years from the date of loan closing. After ten years, the Deferred Payment Loan amount will depreciate 50% with the remaining balance due upon sale or transfer of the property. Following the initial depreciation, the Owner may choose to repay the 50% DPL balance over a period - 4 - 0 • of time. Upon written request by the Owner to repay the DPL balance, the Planing Director will determine the terms and conditions of repayment. 1.14 "Client" shall mean - a qualified participant making application to HANDS Loan Program. 1.15 "Authorized Projects" shall mean - those projects selected by the HANDS staff and approved by Director. 1.16 "Subrecipient" shall mean - a public or private non-profit agency, authority or organization receiving CDBG funds to undertake eligible activities. In this Agreement,the Subrecipient is the Housing And Neighborhood Developers, Inc. • 1.18 "Recipient" shall mean-the City of Omaha. 1.19 "Program Income" shall mean - the gross income received by the Recipient or Subrecipient directly generated from the use of CDBG funds. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used (see Exhibit "C", attached hereto and incorporated herein by this reference as though fully set forth). Section 2. Duties and Conditions of City Financing 2.1 Subject to and conditioned upon actual receipt of same, the City agrees to convey by Warranty Deed platted vacant lots in the Target Area to HANDS for the sum of One Dollar ($1.00) and other_valuable considerations. The lots conveyed shall be free of any and all encumbrances, except those of record. The number of lots conveyed shall be sufficient in number to enable construction of three single- family homes. In addition, the City agrees to provide a CDBG Loan Fund not to exceed $100,000.00 of FY 1998 CDBG funds subject to the following conditions: Use of $100,000.00 in the form of Deferred Payment Loans as described in Sections 1.12, 1.12.1, 1.12.2, and 1.13 herein, plus any program income, is limited to approved HANDS construction activities as described in Section 1.12.1 herein. 2.1.1 Loans must be made in compliance with Sections 1.12, 1.12.1, 1,12,2, 1.13, and 2.6 of this Agreement and the Subrecipient Underwriting Guidelines for a City of Omaha Deferred Payment Loan, attached hereto as Exhibit "D" and incorporated herein by this reference as though fully set forth. - 5 - 2.1.2 In the case of a speculation or model house (house for which no buyer is identified and obligated to purchase), such construction financing shall be made to HANDS without interest, in an amount as described in Section 1.12 herein, for the cost of constructing one house. Such loan shall be secured by no less than a second mortgage/deed of trust and become due and payable to the City at the loan closing as each individual house is sold. 2.1.3.1 HANDS may construct at least one additional housing unit for each speculation or model housing as each house is sold, subject to the limitations on outstanding City Construction Financing set forth in Section 1.12 herein. 2.1.3 In the case of pre-sold houses (houses in which a buyer has been identified, approved for partial mortgage financing and has become obligated to purchase regardless of whether the sale has been closed), such construction financing shall be made without interest in an amount not to exceed $35,000.00 in accordance with the Subrecipient Underwriting Guidelines (Exhibit D). Such loan shall be secured by no less than a second mortgage/deed of trust and become due and payable to the City at the loan closing as each individual house is sold. 2.2 After completion of construction, the property must meet with all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as established by the Department of Housing and Urban Development (HUD), the City of Omaha Property Rehabilitation Standards and accessibility requirements, where applicable. The Director shall assist HANDS in the same manner the Director provides technical assistance to other contractors, during the construction phase to ensure compliance with such requirements. 2.2.1 The City may perform periodic inspections to ensure compliance with Section 2.2. 2.3 The Contractor may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs based upon the value of the • construction work completed at the time the payment request is made. The amount of each request must be limited to the actual amount needed. 2.4 The City will process requests for payment for construction financing as defined in Sections 1.12, 1.12.1, and 1.12.2 herein. 2.5 Sales price of each home cannot exceed the cost approach appraised value or the market approach appraised value, whichever is higher. - 6 - • 2.6 Partial mortgage or deed of trust financing to qualified low and moderate income buyers through the use of Deferred Payment Loans shall be in accordance with the Subrecipient Underwriting Guidelines (Exhibit D). The DPL amount will be provided in accordance with the Deferred Loan Determination Process attached hereto as Exhibit E. Both Exhibits are incorporated herein by this reference as though fully set forth. 2.7 City funding pursuant to this Section shall be contingent upon receipt of and subject to availability of CDBG funds in amounts adequate to meet any contractual obligations in force upon the date of execution of this Agreement as well as this proposed obligation. Should adequate funding not be available, the City shall notify HANDS as soon as reasonably possible. At that time, the responsibilities of the HANDS under Section 3 of this Agreement shall be released, the provisions of Section 6.9 will be exercised and the Agreement will be terminated. 2.8 Funds paying for contractual work shall be payable in consideration with the construction progress payment schedule, in accordance with the Director's prior approval. 2.9 Upon receipt by the City of all the funds secured by each property, the City shall release its mortgage or provide a Deed of Reconveyance for such property. 2.10 The City agrees to cooperate with HANDS and to coordinate activities associated with the implementation of the Scope of Work, attached hereto as Exhibit "F" and incorporated herein by this reference as though fully set forth. 2.11 The City shall review and approve all sites and plans for house constructing and • perform interim and final inspections on each construction phase or completed residential unit. 2.12 In no event shall the City assume any obligation to make any or all of the above- referred funding available, nor shall the City incur any liability hereunder, unless and until the HANDS has submitted for and received the approval of the Director of all of the following: a. evidence that owner funding is available; and, b. duly executed contracts for construction work; and, c. Lien waivers from the General Contractor, its subcontractors and suppliers. 2.13 In no event shall the City assume any obligation to make or continue to make any or all of the above-referenced funding available, nor shall the City incur any - 7 - liability hereunder, unless and until HANDS has timely and fully completed with • its duties and obligations arising hereunder. 2.14 In the event that all of the terms and conditions for funding as set forth hereinabove have been fully complied with, the City does hereby agree to make only those progress payments as may be authorized to be paid by the Director or his designate upon receipt, verification and approval of an American Institute of Architects Document G702 "Application and Certificate for Payment" or comparable document, provided that no payments shall be made for any work, labor, material or expense incurred which the Director, in his sole discretion, deems to be: a. unacceptable or substandard; or, b. not in accordance with this Agreement or the construction contract as approved; or, c. not in conformance with the applicable state, federal and local laws, including, but not limited to, the building, plumbing and/or electrical codes; or, d. not in conformance with the working drawings and/or specifications as approved. 2.15 HANDS shall ensure that clients who do not qualify for or are refused mortgage financing assistance are referred to Family Housing Advisory Services (FHAS) for housing counseling services. Section 3. Duties and Responsibilities of the Contractor/Developer(HANDS) The Contractor/Developer shall: 3.1 Abide by all terms and conditions of the City's Agreement and shall be responsible for the security and maintenance of the sites described in Sections 1.4 and 1.5 herein. 3.2 Certify, contract and agree that any and all funding obtained or made available hereunder shall be used solely and exclusively for the express purpose of developing within the Target Area as defined in Section 1.4, in strict compliance with this Agreement and the construction contracts, as well as the plans, • drawings, and other specifications, as approved. 3.3 Ensure that all real estate taxes, regular and special, and property insurance are paid up-to-date of the scheduled time for loan closing and must remain current • throughout the term of the DPL. - 8 - 3.4 Maintain the property in a safe and sanitary condition, conform to City housing and zoning ordinances and carry out the construction in an efficient manner. 3.5 Make best efforts, during this initial development phase, to construct and sell approximately three properties in the Target Area during the term of this Agreement and perpetuate the process with additional construction. 3.6 Provide services for clients as required in the Scope of Work Summary, attached hereto as Exhibit "F" and made a part hereof by this reference. 3.7 Shall submit to the City the following reports in accordance with the submission timelines as specified. 3.7.1 Progress Reports - The Contractor will provide quarterly reports to the Director delineating accomplishments, describing the progress of construction, and any significant problems and/or delays in construction on this project during the previous 90-day period. 3.7.2 Occupancy Reports - Prior to the sale of each unit, the Contractor shall provide to the Director the following information: a) name(s) of buyer(s) b) address of property c) household income as a percent of Median Family Income (MFI) as determined by HUD, income verification forms used in determining MFI. d) household size e) gender of head of household member f) name and age of each household member g) race/ethnicity of head of household • h) disabled status of any household member 3.8 Comply with all provisions and regulations of the CDBG Program and have an annual audit completed in compliance with OMB Circular A-133. The auditor shall determine the appropriate type of audit to be conducted; i.e. limited scope or full compliance. A single Audit is not an allowable expense unless the recipient expends total Federal funds over$300,000.00 in each fiscal year. A limited-scope audit may be allowable provided the auditor conducts the audit in accordance with generally accepted auditing standards and the subrecipient expends less than $300,000.00 in each fiscal year. OMB Circular A-133 is attached as Exhibit "G" and incorporated herein by this reference as though fully set forth. 3.9 Maintain such records and accounts, including property, personnel and financial records, as are deemed necessary by the City to assure a proper accounting for all expenses. The Comptroller General of the United States, or any of their duly authorized representatives, or any duly authorized representative of the City of - 9 - Omaha, as approved by the Planning Director, shall have access to any books, documents, papers, records and accounts of the Contractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts and transcriptions. Such records and accounts shall be retained for five years from the contract period completion. Any contract entered into by the Contractor with any contractor or subcontractor shall include this section to insure said • access. 3.10 Make best efforts to ensure that construction services, contracts and employment opportunities are affirmatively marketed to women and members of minority groups. HANDS shall submit to the Director for his review and approval, a minority and women business enterprises plan, which discusses employment opportunities for persons in these groups. (See Exhibit "H") attached hereto and incorporated herein by this reference as though fully set forth. 3.11 Employ affirmative marketing procedures in the advertising and marketing of the completed project. In marketing, the Contractor shall also conform to the non- discrimination provisions hereinafter set forth. The Contractor shall comply with the affirmative marketing responsibilities specified in Exhibit "I", attached hereto and incorporated herein by this reference as though fully set forth. 3.12 Obtain a certificate from each contractor or subcontractor to be used on this project to the effect that such contractor or subcontractor has not been disbarred or disqualified by the U.S. Department of Housing and Urban Development, or by the City of Omaha. 3.13 Ensure that all loans are made in compliance with Subrecipient Underwriting Guidelines attached hereto as Exhibit "D" and made a part hereof by reference as though fully set forth. 3.14 Ensure that all work performed and the construction as completed is in conformance with all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards for Existing Homes (HQS) as established by the Department of Housing and Urban Development (HUD), the City of Omaha Property Rehabilitation Standards (PRS), and accessibility requirements, where applicable. The Director shall assist NCDC in the same manner the Director provides technical assistance to other contractors, during the construction phase to ensure compliance with such requirements. 3.15 Ensure that the provisions of this Agreement are included by reference in each mortgage or deed of trust, securing the City's DPL. 3.16 Draw from the Loan Fund, sufficient funds to reimburse actual costs incurred for the activities set out in Section 1.12.1 and 1.12.2 herein. • - 10 - 3.17 Ensure that all loans are secured by no less than a second mortgage or deed of trust in favor of the City of Omaha on the property upon which the loan funds are used. 3.18 Maintain fiscal integrity of the programs, which include all financial and narrative reports required by the City of Omaha, and the U.S. Department of Housing and Urban Development. 3.19 Assume responsibility for preparing or assisting in the collection of all reports and other information required to make a decision relative to financing a client. 3.20 Assume responsibility for follow-up actions required for all clients receiving assistance under this program. 3.21 Acquire bonding for the benefit of the City of Omaha in the amount of$50,000.00 for HANDS, Board of Directors and employees entrusted with the handling of funds pursuant to this Agreement. 3.22 Ensure during this initial phase of development that the CDBG Loan funds shall only be used to finance the construction and sale of three housing units to be initially owned and occupied by households whose annual income is less than or equal to 80%of the "Median Income by Family Size (MFI)". The "Median Income by Family Size (MFI)" refers to specific income data as published by HUD and as further updated and revised by HUD to reflect the current or most recent income level statistics, a copy of the relevant portion of which is included in the Exhibit "J" attached hereto and incorporated herein by this reference. 3.23 Not begin construction of a Property until it receives approval by the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58 have been met regarding said property. 3.24 Agree and certify that it is familiar with the limited purpose set forth in the Federal Laws, Rules and Regulations, and in the laws of the State of Nebraska for which personal information requested may be used, and that the information received will be used solely for those limited purposes and not to harass, degrade • or humiliate any person. The information released shall be used for the limited purpose stated, and HANDS further agrees to indemnify and hold harmless the City of Omaha for any liability arising out of the improper use by HANDS of the information provided. 3.25 Agree to use no lead based paint in the performance of this Agreement, including the performance of any subcontractor. "Lead based paint" means any paint containing more than six one-hundredths of one percentum of lead by weight - 11 - (calculated• • as lead metal) in the total nonvolatile content of the paint 'or the equivalent measure of lead in the dried film of paint already applied. The Contractor further agrees to abide by all Federal requirements regarding lead based paint poison prevention. 3.26 Comply with all environmental requirements for review and impact on the environment. 3.27 Until the loan closing for each sold house, HANDS shall maintain the property at all times in a safe and sanitary condition. Upon sale of a house, HANDS shall have no further responsibility for such housing unit and real estate lot. HANDS will also maintain the property in a safe and sanitary condition to the extent possible during the construction phase of the project. 3.28 Shall not commence any work hereunder until such time as it has received a written notice to proceed as issued by the Director. Any work performed prior to the issuance of such notice shall be the sole responsibility of the HANDS. 3.29 Assist a first mortgage or deed of trust lender to ensure that all loans are made in compliance with first mortgage or deed of trust lending institution's policies and underwriting standards similar in content to the Subrecipient Underwriting Standards attached hereto as Exhibit "D", and incorporated herein by this reference as though fully set forth. 3.30 Ensure that clients who do not qualify for or are refused mortgage financing assistance are referred to Family Housing Advisory Services (FHAS) for housing counseling services. • 3.31 Shall install concrete steps on front porches of all housing units developed pursuant to this agreement. Section 4. Term This Agreement shall be in full force and effect through April 28, 2002. Section 5. Mutual Agreements HANDS and the City states,that the City: 5.1 Is not acting as HANDS' architect or engineer. 5.2 Makes no warranties, express or implied, as to the construction work. 5.3 Owes no duty to HANDS or any other person that shall arise because of any inspection of the redevelopment site by the City's agents or employees. • 5.4 May inspect the redevelopment site at any reasonable time, including a final inspection to certify completion prior to disbursement of any funding. - 12 - 5.5 Shall be held harmless by the HANDS for all injury and damages arising by virtue of this Agreement. 5.6 Will be deeded any unused lots and/or parcels of land which have not been utilized, through the performance of this Agreement, upon the date the parties reach a mutual decision to terminate this Agreement before full development of the project or upon the expiration date of this Agreement as described in Section 4, whichever date or event first occurs. Section 6. Provisions of the Agreement 6.1 Equal Employment Opportunity/ Section 3 Clause. Attached hereto as Exhibits "K" and "L", and made a part hereof by reference are the equal employment provisions of this Agreement. 6.2 Non-Discrimination. The Contractor shall not in the performance of this Agreement, discriminate or permit discrimination in violation of Federal or State laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations, national origin, familial status or handicap. 6.3 Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. 6.4 Applicable Law. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct, or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or the City Council. 6.6 Modification. This Agreement and any related documents securing the financing contain the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms herein unless done in writing and signed by an authorized officer of the respective parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.7 Assignment. Housing And Neighborhood Developers may not assign its rights or obligations under this Agreement without the express prior written consent of the City; except, that the Mayor may, without City Council approval, approve, in writing, the assignment to a limited partnership, so long as Housing And Neighborhood Developers is and remains a general partner. - 13 - 6.8 Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made, except upon written direction from authorized officer of the parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.9 Termination. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Said notice shall be given when received by certified mail at the other party's usual place of business. Upon termination of this Agreement, all funds and interest in any account hereunder become the property of the City and shall be returned to the City of Omaha. This Agreement may also be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit "M"). 6.40 Subrecipients. HANDS shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit "N") and Attachments A, B, C, F, H, N, and 0, to OMB Circular No. A- 110, as identified in Exhibit"0". 6.11 Other Program Requirements. The Contractor shall be required to carry out each activity of this Agreement in compliance with all Federal laws and regulations described in Subpart K of the CDBG Program Entitlement Grant Regulations Handbook 6500 (Exhibit "P"). 6.12 Reversion of Assets. Upon the expiration of this Agreement, the Subrecipient shall transfer to the City of Omaha any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00 shall be either: a) Used to meet one of the national objectives in 24 CFR 570.208, attached hereto as Exhibit "Q" until five years after expiration of the Agreement, or such longer period of time as determined appropriate by the Recipient; or, b) Is disposed of in a manner which results in the Recipient being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with(a) above. 6.13 Indemnification. HANDS shall indemnify and hold the City harmless from and against: (1) any and all claims arising from contracts between HANDS and third parties made to effectuate the purposes of this Agreement; and, (2) any and all - 14 - • claims, liabilities or damages arising from the preparation or presentation of any of the work covered by this Agreement. 6.14 Default. If, through any cause, HANDS shall fail to fulfill in a timely and proper manner any obligations under this Agreement, or violate any of the covenants, representations or agreements hereof, the City may upon written notice terminate this Agreement or such parts thereof as to this Agreement, and may hold HANDS liable for any damages caused to the City by reason of such default and termination. 6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition of enforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. 6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the laws of the State of Nebraska. 6.17 Disclosure of Lobbying. HANDS shall certify and disclose, to the best of its knowledge and belief,that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c) The language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. - 15 - i Section 7. Authorized Representative In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement, and for the period of any applicable statute or limitations thereafter, the following named individuals shall be authorized representatives of the parties: 1) City of Omaha Director Planning Department Omaha/Douglas Civic Center . 1819 Farnam Street Omaha,Nebraska 68183 (2) Contractor: Housing And Neighborhood Developers, Inc. David Porter, Executive Director . 2319 Ogden Street Omaha,Nebraska 68110 IN WITNESS WHEREOF,' the parties have executed this Agreement as of the date indicated below: ATTEST: c - _ CITY OF O 1/AHA: 44 CITY;[3E1;a OF THE C' 'OF O MAY►.!:'r I HA ci zi WITI FSS.', - HOUSING AND NEIGHBORHOOD ' DEVELOP, .•S,INC., :,i 1 t'.' ` a Nebras I.n-Pro C rp ration r `` £?J.JJt)?L1 BY: DA, i 'ORTER,EXEC TIVE DIRECTOR q- i---dd 6is--/' 06 , DATE • DATE P:\CC\9812sap.doc APPROV S TO FORM: ' Ud00 ' . ASSIST NT CITY A MY - 16 - SCHEDULE OF EXHIBITS Agreement Exhibit Location Description A 1.1 Article of Incorporation/Corporate Resolution Board Members B 1.14 Predevelopment Costs C 1.19 Definition-Program Income D • 2.1.2, 2.1.4, 2.6, Subrecipient Underwriting Standards 3.13, 3.29 E 2.6 Deferred Payment Loan Determination Process F 2.10, 3.6 Scope of Work G 3.8 OMB Circular No. A-133 H 3.10 Minority and Women Business Enterprise Plan I 3.11 Affirmative Marketing Policy J 3.22 Median Income by Family Size K 6.1 Equal Employment Opportunity Clause L 6.1 Section 3 Clause M 6.9 Termination- CFR 85.43 = 85.44 N 6.10 OMB Circular No. A-122 O 6.10 OMB Circular No. A-110 P 6.11 Subpart K, CDBG Handbook 6500 Q 6.12 Code of Federal Regulations (24 CFR Part 570) P:\PLN 1\9640sap.doc - 17 - r . - •.- ' • "•'".: ." -•:.1,-....1 1 .... - _„ .„-- • . . • !: •• • ii• " • ' ' • --,. •'---- ...:: ., - : ... in ---- .. ...... '111 c,:ke:( ANIENDIVIFNT TO ARTICLES OF INCORPORATION • !"-',--.17.-inv e,f-;;;!,,,, • - F (IT-, ,• .. -r', .•• -sot-) / : • • : , . . ... . V.NITEL.) MINIS'fRIU,S OF:NORTHEAST ONIA1-1A_INC. . I. • .. • . .)(11 t IOC* /1/4" It - . • . • • • . . . . The name.of the corporation: United Ministries of Northeast Omaha, Inc. • _ ! . . II. . . , . •• . . . . ... .. . , . .. . . . . .. . . . . • • . • . . . . . . . Amendment adopted: • • . . . . . • • .-. . . The name of the corporation shall be changed from United Ministries of Northeast Omaha to: •, . . • . I.lousing And Neighborhood Developers, Inc. . . . . . • . • . . . . -- .. . ' • .... . . . . III. . - • • ,, • . The foregoing Amendment was adopted by a unanimous vote of those Board Members . . . , present who were eligible to vote at the Corporation's regularly scheduled Board Meeting :I on August 26, 1997. A quorum:of eligible voting members as required by the • . . . . Corporation's By-Laws was present and voted at•thi's August 26 th,-1997 meeting of the . •• ,1 Board. . . . • • • . . . . . . . . : , . • ,,. • . . . by: ../ ---:'—::. . - ----"./ L.L'-'..•- 7-.- •• ' . • . . . . . ... •• • Tom McKean, Board President - .. . .. . . . .. . . . • . . . . .- . • . . . . . . . .. . . . . .. .. - • - . . ! - .. - . - . . . . -. --.. . •.... . . ! . • . . . . (-----,i1„.:•-•e.-1-1 /.6/ec2_,..X . •i'..lap Welch. Board Secretary • • . . . . ! • • • . . • . • .. . • , .. • ' • . . • ! 1 . . . . • • . . . _ . . . . . • • . . ._ — • • • . • lib • . • • . . • . . . . .._ . . .• . . _ . •. . .. ' RECEI'vEG J� 19 ,]r WALTER B.S ,�PELLHAN Boy �'AGE.1 IttleCilo � �- DOU'CL:S COUNTY CLERK ARTICLES OF INCORPORATION 8-6-3 93 21 a 47 AM '80 OF UNITED MINISTRIES OF NORTHEAST OMAHA, INC. -...) The undarsied, acting'as incorporators of a Corporation under the Nebraska Non-Profit Corporation Act,' adopt the following Articles of Incorp- • oration for such corporation: ARTICLE I • The n:-ame of the Corporation shall be United Ministries of Northeast . Omaha, Inc. ARTICLE II • The duration of the Corporation shall be perpetual. ARTICLE III The address of the initial registered office of the Corporation shall be 2319 Ogden Street, Omaha, Nebraska 68110. The initial registered agent shall be LeRoy Seaver. ARTICLE IV The purposes for which the Corporation is organized are exclusively scientific, charitable and educational purposes as used under Section • . • 501 (c) (3) of the Internal Revenue Code of 1954, as amended; including, but not limited to: The preservation and rehabilitation of the neighbor- hoods through the identification of causes of physical and economic deter- ioration, and through the initiation of projects, involving residents' par- ticipation, aimed at disrupting the cycle of urban deterioration; The plan- , • ning and promotion. of batter facilities and services to meet the needs of the residents, of the community; The identification and analysis of local • • community problems to aid in the determination of its needs, priorities •and'w; • solutions with regard to community development; and the development of r il ship qualities within the community through educational seminars and workshop h;•.<.F :• • on organizational skills. • fix`; .... ARTICLE V The Corporation shall have all the powers allowed under the Nebraska . Non-Profit Corporation Act. • • Not withstanding the provisions of these Articles, no substantial part i• • • of the activities of the Corporation shall be spent in the carrying on of propaganda or in any attempt to influence legislation directly or indirectly.r. °.- . ' The Corporation shall not participate or intervene in any political campaign :. • on behalf of any candidate for. office. The Corporation shall not carry on'. any other activities not permitted to be carried on by: :.° (1) A Corporation exempt from income taxation under 501(c) (3) of the " • Internal Revenue Code of 1954 as amended, or by (2) A Corporation, contributions to which are .tax deductible under 170 (c) (2) of the Internal Revenue Code of 1954 as amended (or .the:;':'+:£' ' • • corresponding provisions of any future United States Internal • Revenue law.) r"'• ARTICLE VI • • No part of the net earnings of the corporation whall inure to the benefi . �o' of or be distributed to its members, directors, officers or other private fir- sons, except that the Corporation shall have the power to pay reasonable comp !Ni • • -' JCFx sation for services rendered. • r ` Upon dissolution of the Corporation, the Board of Directors shall, afc, ` • making provision for the payment 'Of all liabilities of th'e- Corporation, disp of. alb. =assets of the Corporation exclusively for the purposes...of• the.CoorpiV ,,•l , ; • 4 r'{y��' GU. ..aL f r'i;'..�;,. .` �'r`: HU j p,- :.•iv.;. -.:caw;'•. i,:.. '. ., to such organization or or anizations as shall at that time 4, -5;.`5 g. .,AAA 4�L qualify. as .an. f ,, exempt organization or-organizations operated exclusively *for charitable, .7..n -;: educational, or scientific' purposes under section 501 `:, (c)(3) of the Internal • v4. (�rh f t 4. _ • Revenue Code of 1954, as° amended (or the correspondingprovision ofT`.r:• �,: _ any future �4�,�,,.,r iii; .. :: United States Internal Revenue Law) , as ' the Board of Directors shall determine.;:.,•..; ,,•.; :_ Any• such. assets not so disposed of by a court of com etent 1• . .. P jurisdiction of - • Douglas County, Nebraska, exclusively for such exempt p purposes, or to such • exempt organization or organizations as the Court shall determi• ne. . .:. ARTICLE VII - . Any other provision of these Articles to the contrary notwithstanding: . ,•, ',•,•' The income of the. Corporation for each taxable year shall be distributed ..-'•'' --. in such manner as not to subject the Corporation to tax under Section '4942 of :''. '!...:- the Internal'Revenue Code of 1954y. (or the corresponding sections as amended, . • of any future Internal Revenue law.) The Corporation is prohibited from engaging in any self-dealing (as defined ':':':":'`'`'.`' in section 4941 (d) of the Internal Revenue Code of 1954, as amended) • ; from re= :' ``•;.` ..'. taining any excess business holdings (as. defined in Section 4943(c). of 'the.. ' Internal Revenue Code of 1954, as amended) , from making any investments in• such•';'' : - manner as to subject the Corporation to tax under section 4944: of the Internal -: z".. •' : �„ Revenue Code' of .1954.;'as amended . -- .•.•...._._.';::...:� •_ 7..:�. : !::;=:-• - and from making any taxable:•expenditures. (ass.;? _ <` defined in• Sect.ion 4945 (d) of the -Internal Revenue Code of 1954, • as..amend.ied .• i ` - ARTICLE VIII i0," Thepower to • • • #;- s , . .. : ' manage. the affairs of the Corporation shall. be ':Y;' gsr,-, P in the;'B08r =f'c< arY+g{ 0 y,e y R r4a of Directors. The•number of Directors shall be fi•xed by the By-Laws, ,but;.:�sha22: s . .;. not be less • :- s ?a ` ::: s::.•. than three, - .The manner of election or appointment of•Directors, ..k = ss:3 t4 t a their term of office, and their qualifications shall be stated in the' B _- .r.''t`��"3r `' ::M-• The• comber of Directors constituting - ;` ,� �; ;: the initial Board of Direc.tora'."off` :; ".>s S COOKa. AGE4 Corporation shall be sixteen, and the names and addresses of the persona who are to serve as the initial directors are: Pastors: LeRoy Seaver Ivan D. Richardson 2319 Ogden Street, 68110 6001 Fontenelle Blvd., 68111 Chairpersons of: Administrative Board: Paul Estes 6005 Florenct.s' Blvd. 68110 Marilyn Deal 3812 Curtis Ave. 68111 Meryl Chapin 2338 No. 66th St. 68104 Council on Ministries: Mrs. Ann Stewart 4266 Miami St. 68111 Jackie Sowers 6812 No. 52nd St. 68152 Pastor-Parish Relations: Carol Schmid 4716 Decatur St. 68104 Marge Wood 7213 No. 34th St. 68112 Lay Leaders: Frank Lushineky 5419 North 48th Ave. 68104 Marilyn Deal 3812 Curtis Ave. 68111 Jack Chapih 2338 No. 66th St. 68104 President UMW: Nancy Oltmanns 1522 North 120th Plaza # 5, 68154 Cathy Schenk 4701 North 16th St. 68110 Mary Townsend 5614 Fontenelle Blvd. 68111 Finance Committee: Charlotte Roscoe 1708 No. 54th St. 68104 Gene Sebastian 6138 Whitmore, 68152 ARTICLE IX ' i " The officers of the corporation shall consist of a president, •one or more : . •: vice-presidents, a secretary, a treasurer, and such other officers as may be .. deemed necessary by the Board of Directors. Any two or more offices may p; ::•.,:...; . held by the same person, except the offices of president and secretary, and : : :' . . except the offices of. president and vice-president. - The By-laws of the Corpoz ation shall provide for the manner in which such .officers shall be elected or appointed, their terms of office, and the manner and reason for the removal of such officers. ARTICLE X . The corporation shall have one or more classes of members, the designa- • tion of such class or classes, and the qualifications and rights of the members :,: of each class shall be set forth in the by-laws. . • • ARTICLE XI Any amendments to the articles of incorporation shall be made in the • following manner: The Board of Directors shall adopt a resolution setting forth .' • the proposed amendment and directing that it be submitted to a vote at a. meeting:::: . of members having voting rights, which may be either an annual or special meet-, . - • ing, written or printed notice setting forth the proposed amendment shall be • . given to each member entitled to vote at such meeting. The proposed amendment • === •-'-'' • shall be adopted upon receiving at least two-thirds of the votes which- members• = :. present at such meeting (or represented by proxy) are ,entitled to cast. Any. ., number of amendments may be submitted and 'voted upon at. any one meeting. :."`;:- : ARTICLE XII • Y `` The name and address of each incorporator is; Rev. LaRoy.Seaver 2319 Ogden St. Omaha, Nebraska 68111 . Rev. Ivan Richardson 6001 Fontenelle Blvd. Omaha, Nebraska 68111 is • • • . 0. '''...I-. i.•, .rif:',:jy v s Y • i2 0 C)I.a)..)--:0---.)__2-7p A!- ,--- JI:1)/-1-LY . i'-'1,0•' -%::';'':'. • .•::';':'-`14,,7'., ', --- ... .. ,--,:::.•)r,...:::.$,*...14:T : ,•,:_i,, - „ . R . Witness our hands this ) (_L day of , 19 ... , ..:.,--IFtl. • \-/ ) ,---/:----/ ' ---'--------` .,- '-'1. :" ' .f.tV'. ICK- k--;/r 141.4A:. -...- Incorpo tor / • .4:.:',,?...-: - : /:- /. v-t C:.'f L.-c 7.- ----..- Incorporator '"_. I • • - • ' • • , . _e-Af.i.e.,c0ZE3_1 IL...ERK:SCIFFIltjCpE: DOUGLAS COUNTY,NEBRASKA ON : .. .LTER B. SF•ELLNAN, COUtilly cLFn : (-1 f '-, * gfi iv it/ . fid, . .,....„ . , . , 1 : 1 ..; ‘,z,.. 4:.'..i..L., . :...;4.q'..:. ‘,;-4.:•f:;*'.:,i''.:. " • - . .— '. • , -. : .. '2f.Y,‘:•'..„' - . , '. • ' i'...:.'— ) fill __J BY-LAWS Housing And Neighborhood Developers Article I--Offices A. Principal Office: The principal place of business of the corporation and the principal executive offices of the corporation shall be located at 2319 Ogden Street,Omaha,in Douglas County,Nebraska. B. Registered Office: The registered office of the corporation may be,but need not be,identical with the principal office.as registered. The principal office may be changed by the Board of Directors Article II--Purposes The purposes for which the corporation is organized are scientific,charitable and educational in the area north of Ames Avenue,south of Read Street,from 42nd Street to the eastern bounds of the city,as well as adjacent areas for designated activities of the Corporation. The activities of the corporation shall be designed as: A.To function as a neighborhood advocacy organization 1. Functions to include: Initiatory help Consultative help Help with special interest groups Promotion of voluntary support from within the groups 2.The function of HANDS is to help and to know how to organize a neighborhood group. 3.The function of HANDS is to help as a consultant. B. To address systemic issues 1.HANDS should function in the bounded area with"area issues"and "people-oriented issues." 2.HANDS may help to set up other corporations or auxiliary corporations needed to address specific issues. C.To provide for direct services to the area through a combination of activities. 1. Some direct services which cannot be handled by the local congregation may be referred to HANDS. 2.The local congregation may ask for help to do a direct service of their choice. 3.The HANDS staff may offer assistance to the supporting churches for development and/or delivery of services. 4.The provision and support of housing which is affordable to the lower income residents of the service area. This specifically includes the renovation and construction of single and multi-family housing for home ownership and/or rental. Article III--Powers and Limitations The corporation shall have all the powers allowed under the Nebraska Non-Profit Corporation Act. It shall comply with the limitations of paragraphs 4.6 of the Nebraska Non-Profit Corporation Act and the limitations of Internal Revenue Code 501(c)(3). by-laws revised 6/29/99 • Article IV--Distribution of Income and Dissolution No part of the net income of the corporation shall inure to the benefit of or be distributed to its members,directors, officers,or other private persons,except that the corporation shall have the power to pay reasonable compensation for services rendered. Upon the dissolution of the corporation,the Board of Directors shall make provisions for the payment of all liabilities of the corporation,dispose of all assets of the corporation exclusively for the purposes of the corporation to such organization or organizations as shall at that time qualify as an exempt organization or organizations operated exclusively for 4.4 and 4.5 purposes under Section 501 of the Internal Revenue code of 1954,as amended(or the corresponding provision of any future Internal Revenue law)as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of Douglas County,Nebraska,exclusively for such exempt purposes,or to such exempt organization or organizations as the court shall determine. Article V--Prohibition Against Self-Dealing Any other provisions of these By-Laws to the contrary notwithstanding:the income of the corporation for each taxable year shall be distributed in such a manner as not to subject the corporation to tax under section 4942 of the Internal Revenue Code of 1954 as amended(or the corresponding sections of any future Internal Revenue law). The corporation is prohibited from engaging in any self-dealing(as defined in section 4941 (d)of the said Internal Revenue Code),from retaining any excess business holdings(as defined in section 4943 (c)of said Internal Revenue Code), from making any investments in such manner as to subject the corporation to tax under section 4944 of the said Internal Revenue Code,and from making any taxable expenditures(as defined in section 4945(d)of the said Internal Revenue Code). Article VI--Meetings A. Annual Meeting: The annual meeting of the members shall be held at an hour designated by the Board of Directors in the notice of meeting. The purpose of the meeting shall be to elect directors and officers for the coming year and such other business as may come before the meeting. B. Regular and Special Meetings: There shall be regular at least quarterly meetings of the Board of Directors and special meetings of members called for any purpose by the President at the written request of not less than three members of the corporation entitled to vote at the meeting. C. Place of Meeting: The Board of Directors may designate any place within the State of Nebraska as the place for any annual or special meeting of members. If no designation is made,or if a special meeting otherwise shall be called,the place of the meeting shall be the principal executive office of the corporation within the state of Nebraska. D. Notice of Meeting: Written notice stating the place,day,and hour of the meeting,and in case of a special meeting,the purpose for which it is called,shall be delivered not less than ten(10)nor more than fifty(50)days before the date of the meting,either in person or by mail,to each member of record entitled to vote at the meetings. If mailed,such notice shall be deemed to be delivered when deposited in the United States Mail,addressed to the member at his/her address as it appears on the membership list of the corporation,with postage thereon prepaid. Any member may waive notice of any meeting. The attendance of a member at a meeting shall constitute waiver of notice unless such attendance by a member is for the sole purpose of objecting to the transaction of business because the meeting is improperly called. E. Notice of Special Meetings: Notice of any special meeting shall be given at least five(5)days previous thereto by written notice delivered personally or by mail. If mailed,such notice shall be deemed to be delivered when deposited in the United States Mail,so addressed,with postage thereon prepaid. F. Quorum: The members present and voting at any duly announced meeting shall constitute a quorum. G. Manner of Acting: The act of a majority of the directors present at a Board Meeting shall be the act of the Board of Directors. by-laws revised 6/29/99 Article VII--Board of Directors A. General Powers: The business and affairs of the corporation shall be managed by the Board of Directors. B.Members. Membership on the Board of Directors shall be limited to thirty people and shall include the following minimums in representation(a person may represent more than one category): By election: Each sponsoring local church: 2/church 6 Neighborhood Organizations 3 Service Area(at large) 6 Supporting Organizations 8 By office: Pastors of sponsoring churches 2 Executive Director 1 Omaha District Superintendent 1 Executive Director,UMM 1 All of the above are voting members. Elected Board members'terms are three years. Members may serve two consecutive terms. An elected Board member with three(3)unexcused absences in a year may be removed by vote of the Board. The sponsoring churches nominate their representatives to the Board. For other elected persons,a Nominating Committee shall be composed of one person from each of the three sponsoring congregations,and two(2)from the remainder of the Board,and will bring reports to the Board,who shall have the right to make additional nominations and the authority to elect. The"Helping HANDS"shall be a corps of volunteers who will support the organization through their willing donation of time,advice and resources. The"Helping HANDS"shall have no fiduciary or legal responsibility to the corporation. The "Helping HANDS"will meet once each year at the annual agency fund raiser. C. Compensation: No member of the Board of Directors shall be paid for services rendered,except as it may be for duly contracted services of employment in other than policy-making functions. D. Resignations: Any Director of the corporation may resign at any time by giving written notice to the President or Secretary of the Corporation. Such resignation shall take effect when accepted by the Board of Directors. E. Removal of Directors: Any director may be removed with or without cause at any time by the members at a meeting called expressly for that purpose. No director shall be removed except by the vote of a majority of members entitled to vote who are present at that meeting. F. Vacancies: Any vacancy in the Board of Directors caused by death,resignation or removal shall be filled by the affiliated organizations in compliance with their procedures. Each director so elected shall hold office for a term to expire at the same time as the term of the director whose vacancy s/he was chosen to fill. G. Personnel Committee: There shall be a personnel committee composed of seven(7)Board members. The members of the committee shall be selected by the Board. A personnel chairperson shall be nominated by the HANDS Board at the annual election of officers meeting;this chairperson may be re-elected one term(a total of two years). The personnel committee shall meet with each employee at least once a year for review of performance in relation to the purposes of Housing And Neighborhood Developers,Inc. At other times,all personnel will be subject to the supervision of the Executive Director. by-laws revised 6/29/99 Article VIII--Officers • A. Number, Selection,Term: The officers of the corporation shall be an Executive Director,a President,a Vice President,a Secretary,and a Treasurer,each of whom shall be elected by the Board of Directors except the Executive Director who shall be hired by the Board of Directors upon recommendation of the Personnel Committee and may also be appointed by the Bishop of the Nebraska Conference of the United Methodist Church. No two offices may be held by the same person. Elected officers serve one year terms,with a maximum of three consecutive terms. Each officer shall hold office until his/her successor shall have been elected or appointed and qualified,or until his/her death,resignation or removal. The nominating committee will consist of three representative members of the supporting churches plus two additional members from the remainder of the Board. B. Removal: Any officer may be removed by a majority vote of the Board of Directors except the Executive Director who may also be removed by the Bishop of the Nebraska Conference of the United Methodist Church if the Executive Director was appointed by the Bishop. Such removal shall be without prejudice to any contract rights possessed by the person involved. C. Vacancies: A vacancy in any office which occurs for any reason may be filled by the Board of Directors for the unexpired portion of that term. D. Executive Director: The Executive Director shall be the general manager of the corporation and,subject to the control of the Board of Directors,shall in general supervise and direct the operations of the corporation. S/he may sign,with the President or any other properly authorized officer,all deeds,mortgages,bonds,contracts,and bids or other instruments which the Board of Directors has authorized him/her to execute,except where the signing of such instruments is expressly delegated to the Board of Directors. The Executive Director shall perform all other duties as may be prescribed by the Board of Directors. E. President: The President of the Board of Directors shall preside at all meetings of the members and directors. S/he along with the Executive Director shall be responsible for transacting any and all business connected with the Corporation. F. Vice-President: The Vice President shall preside in the absence of the President. S/he shall also assume the duties of the President in the event that the President is unable to fulfill those duties. G. Secretary: The Secretary shall keep the minutes of the meetings of the Board of Directors and the members in one or more books provided for that purpose. S/he shall keep a register of the mailing address of each member and shall be in charge of the mailing of all correspondence and the sending of due notice as provided by these By-laws and as required by law. S/he shall be custodian of the corporate records and of the corporate seal. S/he shall see that the seal is affixed to all documents to which the affixing of the seal is duly authorized,and shall perform all other duties incident to the office of Secretary and such other duties as may be assigned by the Board of Directors. H. Treasurer: The Treasurer shall review and report upon the financial transactions made by the corporation. I. Executive Committee: The Executive Committee shall be composed of the above officers and the Pastors of Asbury,Pearl and Trinity United Methodist Churches. Any member of The Executive Committee may call a meeting. The Executive Committee may act with the full authority of the Board of Directors when Board action is required between Board meetings, so long as each member of the Executive Committee is given written notice of the Committee meeting at least three days in advance or personally contacted by the Committee member calling the meeting. Minutes of the Executive Committee meetings are to be provided to Board members at or prior to the next meeting. by-laws revised 6/29/99 Article IX--Contracts,Loans, Checks, and Deposits A. Contacts: The Board of Directors may authorize any officer or officers,agent or agents to negotiate,bid on,and enter into any contract or execute and deliver any contract in the name of and on behalf of the corporation. B. Loans: No loans or contracts of indebtedness shall be issued in the name of the corporation unless specifically authorized by a resolution of the Board of Directors. C. Checks: All checks,drafts,or other orders for payment of money,or any evidences of indebtedness issued in the name of the corporation shall be signed by such officer,officers,and/or Executive Committee members and in such manner as shall from time to time be determined by the Board of Directors. D. Deposits: All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks,trust companies,or other depositories as the Board of Directors may select. Article X--By-Laws Changes These By-laws may be amended by a vote of two-thirds of the members at a meeting. All members must be informed of the proposed changes in writing one month prior to the meeting in which by-laws changes are implemented. by-laws revised 6/29/9911111 CORPORATE RESOLUTION WITH BOARD SECRETARY CERTIFYING AUTHENTICITY OF RESOLUTION Housing And Neighborhood Developers A Nebraska Non-Profit Corporation ********** A CORPORATE RESOLUTION OF THE BOARD OF DIRECTORS A meeting of the Board of Directors of the Corporation was held on August 10, 2000. Acting with the full authority of the Board of Directors, it was RESOLVED by the Board of Directors that Agreement#1100, dated April 28, 1998, between Housing And Neighborhood Developers and the City of Omaha, for the Saratoga Place Redevelopment project and for the purpose of providing home ownership opportunities for lower income families in northeast Omaha, through the construction of single family houses BE AMENDED so that the Deferred Payment Loan amount be increased to a maximum of$35,000 per homeowner, that the number of such loans be increased from two to three, that authorization be provided for the construction of one speculative house, and that the expiration date of the agreement be extended to April 28, 2002. IT IS FURTHER RESOLVED that David A. Porter, the Executive Director of Housing And Neighborhood Developers,Incorporated has signature authority and is authorized to execute such documents as are necessary to enter into the aforementioned agreement. I attest that the above is a true and accurate account of the Resolution approved by Housing And Neighborhood Developers, Incorporated,a Nebraska nonprofit corporation on August 10, 2000. DATED this 10th day of August, 2000. is Cross, Board President • Housing And Neighborhood Developers Board Member List Charlotte Abram 2319 Ogden St. 68110 0-453-7440 Eve Bleyhl 7315 N 36th Avenue 68112 h-451-5005 Ronald Croom 2418 E. St. 68107 o-898-9862 Curtis Cross 5012 N 22nd St. 68110 h-455-7027 Rick Cross 2450 Whitmore St. 68112 h-451-4288 Susan Davies 1507 N 51st St. 68104 h-556-8202 Emma Devers 2567 Ellison Ave. 68111 h-451-4094 Steve Flader 6001 Fontenelle Blvd. 68111 o-455-6379 Don Greer 2418 E. St. 68107 o-898-9862 Tom McKean 4702 Florence Blvd. 68110 o-255-3968 h-453-9691 James Rouch 2000 First National Center 68102 o-444-1811 Kathryn Rouch 1019 Belgrade Ct. 68048 c-679-4803 Carol Schmid 2741 Wyoming 68112 o-595-3060 h-453-9239 Mary Townsend 5614 Fontenelle Blvd 68111 h-453-7695 Tom Umthun 8855 N 83rd St. 68122 o-491-4285 Officers Curtis Cross President Steve Flader Vice President Kathryn Rouch Secretary Tom Umthun Treasurer • L 1 CDBG PROGRAM SUBRECIPIENT UNDERWRITING GUIDELINES CITY OF OMAHA DEFERRED PAYMENT LOANS Effective Date: March 20, 1998 Revised: March 15, 2000 These Underwriting guidelines provide a general overview of the City of Omaha requirements applicable to Deferred Payment Loans for homes purchased through Subrecipients including, but not limited to, Holy Name Housing Corporation; South Omaha Affordable Housing Corporation; Housing and Neighborhood Developers, Inc., formerly known as United Ministries of Northeast Omaha, Inc.; Omaha 100, Inc.; New Community Development Corporation; Omaha Economic Development Corporation and United Minority Contractor's Association of Nebraska. While it is not possible to mention all requirements, these guidelines answer most questions concerning the City's Deferred Payment Loan. A. PURPOSE The purpose of the Planning Department's Community Development Division is to promote the growth, development and revitalization of the City of Omaha through the elimination of slums and blight; to assist low and moderate income persons and families in attaining decent, affordable housing; and to create job opportunities for lower income persons through economic development activities. This is accomplished by 1) formulating and implementing plans and programs designed to revitalize neighborhoods, commercial areas and industrial areas; upgrade the housing stock in the inner city; and create homeownership opportunities; 2) administering home renovation, home construction, economic ,developing, real estate development and revitalization programs and activities; and 3) providing services and improved service facilities for housing counseling, home maintenance, homelessness,job training, education, elderly persons, handicapped and other socio-economic assistance activities. B. DEFINITIONS In order to provide guidance and consistency in providing Deferred Payment Loans to homebuyers, the following definitions shall apply: 1. Borrower — shall mean one or more persons purchasing a property and any other persons co-signing on the promissory note. 2. Debt-to-Income Ratio (DIR) — shall mean the monthly total of all mortgage payments, real estate taxes, special assessments, property insurance premiums and liabilities (excluding utilities, federal income taxes, state income taxes and social security payments) divided by ;the gross monthly income. The maximum DIR shall 1 Rev. 3/15/200t M. ! be 42%. In computing the DIR, installment debts extending ten months or more and all revolving, accounts shall be considered. 3. Deferred Payment Loan (DPL) —shall mean a loan without interest of CDBG funds in an amount not to exceed the amount approved by the City Council for a rehabilitated and a newly constructed property, made subject to the terms, conditions and provisions of the loan agreement under which said loan is made, secured by no less than a second mortgage/deed of trust on an individual property, which shall provide, inter-alia, that same shall become due and payable without interest upon the sale or transfer of ownership of the property, or portion thereof, or interest therein by the Owner within five (5) years from the date of loan closing for a rehabilitated property and ten (10) years from the date of loan closing on a newly constructed property. After 5 years on the rehabilitated properties and 10 years on newly constructed properties, the Deferred Payment loan amount will depreciate 50% with the remaining depreciated balance due upon sale or transfer of the property. Following the initial depreciation, the Owner may choose to repay the 50% DPL balance over a period of time. Upon written request by the Owner to repay the DPL balance, the Planning Department will determine the terms and conditions or repayment. Deferred Payment Loan amounts may not exceed the following: a. New Property: Median Income. DPL Amount 80% and Below $35,000.00 81%-110% $25,000.00 111%-120% $20,000.00 Over 120% -0- b. Rehabilitated Property: Median Income DPL Amount 80% and Below $15,000.00 Over 80% -0- 4. -Employment History — shall mean a verifiable and continuous two-year work history, or a verifiable source of other income including, but not limited to, social security, pension, annuities, child support, alimony, etc. In some instances, education may be substituted for employrtient if Borrower has been employed at current job for • six months. • 5. Household - shall mean all persons who will occupy the property. The occupants may be a single family, one person living alone, two or more families living together or any other group of related or unrelated persons who share living arrangements and includes: • • a. any dependent child under the age of 19. If a child is claimed for income tax • • 2 Rev. 3/15/2000 (IRS) purposes, the City will consider the child a dependent. b. any dependent member over the age of 62 who has lived in the household full time for a minimum of 6 months immediately prior to application date and will continue to live in the household full time, does not own other property and is dependent upon the borrower. 6. Housing-Income-Ratio (HIR) — shall mean the monthly total of all mortgage payments, real estate taxes, special assessments and property insurance premiums divided by the gross monthly income. The maximum HIR shall be 33% or the percentage established by the lender providing the first mortgage financing. 7. Income — (See attached sheet for computing annual income) Annual income shall include: a. Wages, salaries, tips, commissions, etc., b . Self-employment income from owned non-farm business, including proprietorships and partnerships, c. Farm self-employment income d. Interest, dividends, net rental income or income from estates or trusts, e. Social security or railroad retirement f. Supplemental security income, Aid to Families with Dependent Children or other public assistance or public welfare programs, • g. Retirement, survivor or disability pensions h. Any other sources of income received regularly including Veterans' (VA) payments, unemployment compensation, child support and alimony, and i. Income from assets as shown below: 1. amounts in savings or checking accounts. 2. stocks, bonds, savings certificates, money market funds and other investment accounts. 3. Equity in real property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as_broker fees) that would'be incurred in selling the asset. Do not include equity in principle residence (home equity). 4. The cash value'of trusts that are available to the household. 5. IRA, Keogh and similar retirement savings accounts, even though withdrawal would result in a penalty. 6. Contributions to company retirement/pension funds that can be withdrawn without retiring or terminating employment. 7. Assets which, although owned by more than one person, allow unrestricted access by the applicant. 8 . Lump sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements and other claims. 3 Rev. 3/15/2000 9. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc. 10. Cash value of life insurance policies. 11. Assets disposed of for less than fair market value during two years preceding certification or recertification. j. Actual income from assets if total assets are $5,000 or less. k. If assets are more than $5,000, the greater of actual income from assets or total assets times passbook rate. 1. Assets do not include: 1. Necessary personal property except personal property held as an investment such as gems,jewelry, coin collections, antique cars, etc. 2. Interest in Indian trust lands. 3. Assets that are a part of an active business or farming operation. NOTE: Rental properties are considered personal assets held as an investment rather than business assets unless real estate is the applicant's/tenant's main occupation. 4. Assets no accessible to the family and which provide no income for the family. 5. Vehicles especially equipped for the handicapped. 6. Equity in owner-occupied cooperatives and manufactured homes in which the family lives. 7. Equity in principle residence (home equity) NOTE: Income averaging is not acceptable. 8. Median Income — shall mean the Median Income by Family Size income data as published by the United States Department of Housing and Urban Development and as further updated and revised to reflect the current or most recent income level statistics. A copy of the median incomes is available upon request at the City of Omaha Planning Department. 9. Subrecipient - shall mean a public or private non-profit agency, authority or organization receiving HOME Funds to undertake eligible activities. 10. Verifications — shall mean all supporting documentation obtain within the past six months for preliminary loan approval by the City. These documents'include, but are not limited to, employment, bank deposits, credit information and property title commitments. . • 4 Rev. 3/15/2000 10. . • C. INTEREST OF THE CITY Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or the City Council. D. BANKRUPTCY Borrowers who have filed a bankruptcy must have established a verifiable form of credit over a six month period commencing after the Bankruptcy Court entered its Order of Discharge. A copy of the bankruptcy document, Court Order of Discharge and a detailed letter explaining the reason for filing bankruptcy and the circumstances surrounding it must be submitted with the initial application for preliminary loan approval by the City. E. INSURANCE The Borrower must have at least a hazard insurance policy in force for one year at the time of loan closing. The policy must have a proper endorsement naming the City of Omaha as an additional mortgagee. Proper mortgage endorsement is available at the City of Omaha Planning Department. F. SALE OF PROPERTY In the event of sale of the property, the deferred payment loan must be repaid to the City of Omaha as specified in the Promissory Note and Section B, Number 3 above. G. LOAN ASSUMPTION Some Homeowners who have received financial assistance from the City of Omaha for a Deferred Payment loan to purchase their homes may, at some point, desire to transfer their homes and have your loan assumed;by a new buyer. The following criteria will apply when a homeowner desires to sell his/her property and requests that the loan be assumed by a new buyer: 1. The family who assumes a City;of Omaha Deferred Payment Loan: a. must be creditworthy; and` b. must meet all underwriting criteria contained in these guidelines; and, c. must agree to live in the.house for the remaining term of the Deferred Payment Loan. • 5 Rev. 3/15/2000 2. The purchase price, including the downpayment, must be negotiated and agreed upon between the buyer and the seller. 3. The incomes of families assuming a DPL may not exceed the limits of the median family income contained in they agreement under which the Seller's DPL was approved. 4. The new buyer assuming a DPL must assume liability for the balance of the loan at the time of loan closing. 5. When an Owner of a property with a DPL wishes to transfer his/her property through an assumption, the Owner must: a. Secure a potential borrower who is willing to assume the DPL. b. Negotiate a selling (purchase) price with the potential buyer. The amount of the downpayment would be paid to the Owner by the new buyer at the time of loan closing. The City of Omaha will not negotiate with either party over the amount of this repayment. c. Write a letter to the Subrecipient requesting that an assessment be made of the prospective borrower's qualifications to assume the DPL. d. After this assessment is completed, the present Owner will be notified of the prospective buyer's eligibility to assume the loan. - 6. In the event of the death of an owner, the heirs will have the same assumption options as the Owner. H. CREDIT HISTORY • 1. Judgments Judgments must be paid or satisfied prior to loan approval. 2. Collection Accounts • Collection accounts should be paid or a repayment agreement must be in effect. If a repayment agreement is in effect, the Borrower must have established a minimum of six months payment history. • 3. Divorce — In the.case of a divorce, any debts remaining in both names originating prior to the Court granting of a decree shall be considered a financial obligation against the borrower. . • • • 6 Rev. 3/15/2000 �i 4. Legal Separation — Borrower that is legally separated will be subjected to the same underwriting criteria as a married person; therefore, both signatures (husband and wife) shall e required on the Promissory Note. I. NON-DISCRIMINATION BASED ON HANDICAP 1. The Subrecipient shall not discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations, national origin, familial status or handicap. 2. The Subrecipient shall not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. To this end, no otherwise qualified individual with a handicap shall, solely by reason of his or her handicap, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under this or any other City-sponsored program or activity. The person responsible for coordinating the Planning Department's efforts to comply with its non-discrimination policies is Marian Todd, Section 504 Coordinator, Planning Department, Suite 1111, 1819 Farnam Street, Omaha, Nebraska, 68183, (402) 444-5217 (V/TDD)444-5150). Persons desiring to file a complaint with the City of Omaha concerning an allegation of discrimination shall contact the Human Relations Department at (402) 444-5025 (B/TDD 444-5055). 7 Rev. 3/15/20 L L = s E(Lk( b; f "`J ` ' • JD N - C) 07 z CCDD • D) `< O N • ' 00. - •••• " CDC <' 0 CD • N O CO Co V 0) Co A W N -•W D 7J E G Cn = -J C- O cD w0K • i — •= o �, N a n Q = — • C co p = J . 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MOTION BY COUNCILMEMBER I hereby move that Council Document No. a5 IL/ , Current Series, be amended as follows: • Page 12, Section 3 of the Amendment to the Agreement, insert the following language: • "3.31 Shall install concrete steps on front porches of all housing units developed pursuant to this agreement." APPROVED AS TO FORM: .>Z9 / b-0/6 ASSISTANT CITY ATTO EY DATE P:\CC\9811sap.doc I' . 2 N g a. CD 1 © ..a cp co -1 -3 •• o cr C o d c-asA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, this proposed Resolution amends the Agreement between the City of Omaha and Housing And Neighborhood Developers, Inc., a Nebraska Non-profit Corporation (HANDS), 2319 Ogden Street, Omaha, Nebraska 68110, David Porter, Executive Director, approved by the City Council on April 28, 1998, by Resolution No. 1100. -The original Agreement authorizes a Loan Fund of $100,000.00, for the construction of two single-family homes in the Saratoga Place Infill Housing Target Area bounded by Grand Avenue on the north, Larimore Avenue on the south, 22nd Street on the east and 24th Street on the west, and the provision for Deferred Payment Loans not to exceed $25,000.00 for construction and homebuyer assistance whose annual income is less than or equal to 80% of the Median Income by Family Size; and, WHEREAS, the purpose of this amendment is to increase the number of units from two to three; to change the project completion date from April 28, 2001 to April 28, 2002; to bring the Agreement into compliance with the Planning Department's updated project construction guidelines by increasing the Deferred Payment Loans to $35,000.00 and to permit the construction of one model home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the attached Amendment to the Agreement approved April 28, 1998, by Resolution No. 1100, between the City of Omaha and Housing And Neighborhood Developers, Inc., a Nebraska Non-profit Corporation (HANDS), 2319 Ogden Street, Omaha, Nebraska 68110, David Porter, Executive Director, which among other things: 1) increases the number of units to be constructed and sold from two to three; 2) extends the project completion date from April 28, 2001 to April 28, 2002; 3) brings the terms of the Agreement into compliance with the Planning Department's updated project construction guideline by increasing the Deferred Payment Loans from $25,000.00 to $35,000.00; and 4) peiiiuts the construction of one model home, is hereby approved. Funds in the amount of $100,000.00 shall be paid from FY 1998 CDBG Saratoga Place Infill Housing Development Program, Agency No. 200, Fund No. 193, Organization No. 8321. P:\PLN1\9639sap.doc APPROVED AS TO FORM: / % WetAc..) , ,,/ CITY ATTORNEY DATE By Councilmembeer, Adopted S P...1..9...ZO. IZS s�/.1?G°-• G! 9-0 '‘ Clerk Approved Mayor �- . . z5 ado z5- a z ` k-il i `p �zN o d ��1 o a O CD o CNc ci) Cr T3CZ' .(,t, 0 ' a as o o ° - 0• va ° '-h �. *-h r" .~ O O r,. co J m V.3 ° 0 Q. o d o d 0 `O` co % .,0-\. pI ° 2- K 0 o ° ° r° , 00xo R z1R 5 �� % co ° W O � � o CD cD �° y o 0 0 �.�{� o o r, �I �'\, �q CD 00 A� o !D d C/I O `� p� a `d l� P� O p. O CD Q. .\ \ 12 ,-. t-+, N CD c) c b by a CD �_ (.0 " ¢ z `< n 0p'or°a � ° •P' ^ CP aoa ' uN o `op' x ° 8 �; oo o a ° ' x C CD cn M cr Q w Oro p' o 5 cD g A+ ~ 00 w p' 0 '� o Nri, �7 0 CD C CCD O CCDD ., cn O Oo N a CD ..'s O. p a. N` 1 _, • -f...,.__ I, ♦. f i ♦ i IiN.`- +0 r` .,0 r L