RES 2000-1289 - Amendment to agmt with HANDS ker5*W9
F 014"24,NFd RECEIVED
Planning Department
`y`,��1s; i(J' Omaha/Douglas Civic Center
!l,.�. p 819 Farnam Street,Suite 1100
�1(�i'�'+k� :#„ 00 APR 28 !�M 2: Lnaha,Nebraska 68183-0110
® .�( a (402)444-5200
° V ..ry CITY CLERK
(402)444-5150
° 01
�'TED FEBR3r� CSA�;Ll A ,;� g Telefax(402)444-6140
Cityof Omaha May 9, 2000 U i f�f Robert C.Peters
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 the Housing
And Neighborhood Developer's Inc. (HANDS), a Nebraska non-profit corporation, approved by
the City Council on August 31, 1999, by Resolution No. 2382. The original Agreement
authorizes a Loan Fund of$350,000.00, comprised of$280,000.00 in FY99 HOME Loan Funds
and $70,000.00 in FY99 General Funds, for the acquisition and rehabilitation of 20 single family
homes for subsequent sale to new homebuyers. This Amendment reduces the City's
participation in this project from $350,000.00 to $175,000.00 (comprised of $140,000.00 in
FY99 HOME Loan Funds and $35,000.00 in FY99 General Funds), reduces the number of units
to be completed from twenty (20) to ten (10), and modifies the Target Area from North of Lake
Street to North of Lafayette Street. The reduction in the number of units to be completed
eliminates the requirement to pay Davis-Bacon prevailing wages on this project. Funds in the
amount of $140,000.00 shall be paid from HOME Program Fund No. 186, Organization No.
5014, and $35,000.00 shall be paid from City of Omaha General Fund No. 001, Agency No. 110,
Organization No. 1106, Object No. 8010.
Except for these changes specified above, the remaining terms and conditions of the original
Agreement would remain the same.
Your favorable consideration of this Resolution will be appreciated.
Respectfully submitted, • Referr to City C uncil for Consideration:
7?/ --- ‘19
7 -if. /(��/ Z do
Robert C. Peters Date Mayor's Office/Title Date
Acting Planning Directorms
Approved as to Funding: Approved:
,.1.044--6-lornitA4:44,--) 1.7///40 q2Q-211._9- 4,-„i 1z4,14, t60/00
Stanley P. Ti Date Kellie Paris-Asaka Date
Acting Finance Director /ogt) Human Relations Director
P\:PLN3\10315 skz.d o c
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AMENDMENT
This Amendment is to the Agreement approved by the City Council on August 31, 1999,
by Resolution No. 2382, and is made and entered into by and between Housing And
Neighborhood Developer's Inc., a Nebraska non-profit corporation(sometimes hereafter referred
to as "HANDS"), and the City of Omaha, Nebraska, a municipal corporation, and it is the
intentions of the parties that this Amendment relate back to the original Agreement.
RECITALS:
WHEREAS, on August 31, 1999, the City entered into an Agreement with HANDS, by
City Council Resolution No. 2382, to acquire, rehabilitate, market and sell approximately twenty
(20)housing units to low and moderate income persons in an area bounded by Lake Street on the
North and 48th Street on the East; and,
WHEREAS, HANDS has requested that the number of units to be completed be reduced
to ten and that the amount of HOME funding be reduced accordingly; and,
WHEREAS, Section 2 of the Agreement states "Subject to and conditioned upon receipt
of same, the City agrees to provide a HOME Loan Fund not to exceed $350,000.00 (comprised
of$280,000.00 in FY99 HOME Loan Funds and$70,000.00 in FY99 General Funds) . . ."; and,
WHEREAS, Section 3.5 of the Agreement states, "Makes best efforts to acquire/
rehabilitate and sell approximately twenty properties in the Target Area during the term of this
Agreement . . ."; and,
WHEREAS, the Planning Department recommends the modification of the Target Area
from North of Lake Street to North of Lafayette Street; and,
WHEREAS, the City Council has approved an Amendment to the Consolidated Plan on
February 29, 2000, by Resolution No. 622, which included these changes; and,
WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that
the City enter into this amended Agreement with HANDS to: 1) allow the reduction of the
number of units acquired/rehabilitated, marketed and sold from twenty to ten, 2) reduce the Loan
Fund from $350,000.00 to $175,000.00, 3) modify the Target Area from North of Lake Street to
North of Lafayette Street, and 4) eliminate the requirement to pay Davis-Bacon prevailing wages
on this project,.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL AGREEMENTS
HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS
Section 1, Paragraph 1.4, shall be deleted in its entirety and the following Paragraph 1.4 shall be
substituted in its place and stead:
1.4 "Target Area" shall mean — an area North of Lafayette Street and East of 48th
Street.
Section 1, Paragraph 1.11, shall be deleted in its entirety and the following Paragraph 1.11 shall
be substituted in its place and stead:
1.11 "HOME Funds" shall mean — that portion of the 1999 City of Omaha HOME
Investment Partnerships Program grant awarded to the City in an amount not to
exceed $140,000.00 as may be available to grant during the program year 1999,
conditioned upon actual receipt of same, for the purposes stated herein.
1.11.1 "General Funds" shall mean — funds from the City of Omaha General
Fund No. 001, Agency No. 110, Organization No. 1106, Object No. 8010
in an amount not to exceed $35,000.00.
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
Section 2, Paragraph 2.0, shall be deleted in its entirety and the following Paragraph 2.0 shall be
substituted in its place and stead:
Subject to and conditioned upon actual receipt of same, the City agrees to provide a
HOME Loan Fund not to exceed $175,000.00 (comprised of$140,000.00 FY99 HOME
Funds and $35,000.00 General Funds) for a twenty-four month period, subject to the
following conditions:
Section 2, Paragraph 2.7, shall be deleted in its entirety and the following Paragraph 2.7 shall be
substituted in its place and stead:
2.7 The City agrees to loan HANDS the sum of$175,000.00, conditioned upon actual
receipt of same, as to carry out the services described herein. Funds may be
drawn from this account to meet actual approved costs incurred by HANDS as
required. Any of the funds from this loan which are charged against the
acquisition/rehabilitation of a house, as approved and outlined in 2.6.1 through
2.6.10 and 3.2, shall be secured by no less than a second mortgage or deed of trust
on the property. The amount of that mortgage or deed of trust shall be due in full
upon sale of the property.
Section 2, Paragraph 2.14, shall be deleted in its entirety and the following Paragraph 2.14 shall
be substituted in its place and stead:
2.14 In consideration of the program services herein provided, the City agrees to pay
HANDS the sum of$175,000.00 from the HANDS loan fund; in the amount of
$140,000.00 from HOME Fund No. 186, Organization No. 5014, and $35,000.00
from the City General Fund No. 001, Agency No. 110, Organization No. 1106,
Object No.8012.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE OWNER
Section 3, Paragraph 3.5, shall be deleted in its entirety and the following Paragraph 3.5 shall be
substituted in its place and stead:
3.5 Make best efforts to acquire/rehabilitate and sell approximately ten properties in
the Target Area during the term of this Agreement and perpetuate the process
with additional acquisition/rehabilitation.
Section 3, Paragraph 3.33, shall be deleted in its entirety.
THAT, the remainder of the Agreement approved by City Council on August 31, 1999,
by Resolution No. 2382, shall be and hereby is in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
indicated below:
V
ATTEST r i CIT $ O t• 'A : - a
C CLERK O THL� ITY OF OMAHA MAYOR OF THE CITY OF OMA
WITNESS: HOUSING AND NEIGHBORHOOD
DEVELOPERS, INC., a Nebraska
Non-profit C oration
By:
Da id A. P e ,Executive Director
2fre,
•///.2/Z,e)a
Date Date
APPROVED AS TO FORM:
P1-&L-C • (!,
S TANT CITY ATTORNEY Date
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr May 9, 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
•
WHEREAS, this proposed resolution approves an Amendment to an Agreement
with the Housing And Neighborhood Developer's Inc. (HANDS), a Nebraska non-profit
corporation, approved by the City Council on August 31, 1999, by Resolution No. 2382,
authorizing a $350,000.00 FY99 HOME Loan Fund for the acquisition and rehabilitation of 20
single family homes. This Amendment: 1) reduces the City's participation in this project from
$350,000.00 (comprised of $280,000.00 in FY99 HOME Loan Funds and $70,000.00 in FY99
General Funds) to $175,000.00 (comprised of $140,000.00 in FY99 HOME Loan Funds and
$35,000.00 in FY99 General Funds), 2) reduces the number of units to be completed from twenty
(20) to ten (10), 3) modifies the Target Area from North of Lake Street to North of Lafayette
Street, and 4) eliminates the requirement to pay Davis-Bacon prevailing wages on this project;
and,
WHEREAS, the City Council previously approved an Amendment to the City of
Omaha Consolidated Submission for Community Planning and Development Programs (the
Consolidated Plan), on February 29, 2000, by Resolution No. 622, which included the reduction
of the funding City's participation, the reduction of the number of houses to be completed in the
Target Area, and the modification of the Target Area; and,
WHEREAS, except for these changes specified above, the remaining terms and
conditions of the original 1999 Agreement remain the same.
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 August 21, 1999, by Resolution No. 2382, between the City of Omaha and
the Housing And Neighborhood Developer's Inc. (HANDS), a Nebraska non-profit corporation,
2319 Ogden Street, Omaha, Nebraska 68110, incorporating the following changes into the
original Agreement: 1) a reduction of the City's participation in this project from $350,000.00 to
$175,000.00, 2) a reduction in the number of units to be completed from twenty (20) to ten (10),
3) modification of the Target Area from North of Lake Street to North of Lafayette Street, and 4)
elimination of the requirement to pay Davis-Bacon prevailing wages on this project, is hereby
approved. Funds in the amount of $140,000.00 shall be paid from HOME Program Fund No.
186, Organization No. 5014, and $35,000.00 shall be paid from City of Omaha General Fund
No. 001,Agency No. 110, Organization No. 1106, Object No. 8010.
P:\PLN3\10316skz.doc APPROVED AS TO FORM:
62U04 02 1<twLeic
By
Councilmember
CITY ATTORNEY ATE
Adopted / 9. 2000 l° v
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'ir ��i. lerk
Approved ' �>_ � .
Mayor 1110
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