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RES 1999-0421 - Agmt with David C Robinson and Kathy E Robinson for rental rehabilitation project at 3009 Marcy Str a . _ . / //,,ee--5. 3 L F o"' "FB Planning Department ��`,���s� rr ` ; Omaha/Dou as Civic Center '� `�r' rb= 1819 Farnam Street,Suite 1100 Z ��,���_klb_h ® r�� ,�+� � Omaha,Nebraska 68183-0110 Ao�} �, 4. (402)444-5200 � ... , (402)444-5150 �4TFU FEe4 *� t , Telefax(402)444-6140 City of Omaha Robert C.Peters Hal Daub,Mayor February 23, 1999 Acting Director Honorable President and Members of the City Council, The attached proposed Resolution approves a Supplemental Agreement between the City of Omaha, David C. Robinson and Kathy E. Robinson to complete the renovation of the Rental Rehabilitation Project located at 3009 Marcy Street. According to the Robinsons,the property proved to be in far worse condition than originally thought and the renovation work requires more time to complete. As a result,the original Agreement has expired by its own terms. The original Agreement approved by the City Council on May 20, 1997, by Resolution No. 1366, provided a project budget of $80,000.00, comprised of a$40,000.00 Rental Rehabilitation Program-Deferred Payment Loan and $40,000.00 in Owner's cash/or a bank loan. The attached Supplemental Agreement will complete the rehabilitation work at no additional cost to the City, disburse final funds, and protect the City's interest. Except for these changes, all remaining terms and conditions of the original Agreement remain the same. • i The project is 75% complete and $20,000.00 of the original $80,000.00 remains in the project budget. Funding sources listed below were included in the original budget. Rental Rehabilitation Program -DPL $10,000.00 = 50% Owner cash or bank loan $10,000.00 = 50% $20,000.00 = 100% Completion of this project will create additional residential units affordable to low and moderate income residents. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is the City policy,the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. b • Honorable President and Members of the City Council Page 2 Your favorable consideration of this Resolution will be appreciated. Respectfully submitted, Referred to the City Council for Consideration: 77/6,_. A7-99 ,de/Of v Robert C. Peters 16ate ayor's Offic /Tit e &errAit Date Acting Planning Director Approved as to Funding: Approved: ®Ai eS �� b /� q d • / '4— Louis A. D'Ercole (fpD to / George vis, Jr. Da e Finance Director Human elations Director e-/P. is/'i P:\PLN3\6501.MAF SUPPLEMENTAL AGREEMENT THIS SUPPLEMENT AGREEMENT is entered into among the City of Omaha,a Municipal Corporation in Douglas County, Nebraska, David C. Robinson and Kathy E. Robinson, 12912 Lillian Street, Omaha,Nebraska 68105. 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, David C. Robinson and Kathy E. Robinson have their principal place of business at 12912 Lillian Street, Omaha,Nebraska 68105; and, WHEREAS, on May 20, 1997, the City Council approved by Resolution No. 1366, an Agreement among the City of Omaha,David C.Robinson and Kathy E.Robinson,for the renovation of the Rental Rehabilitation Project located at 3009 Marcy Street; and, WHEREAS,the original Agreement provided a project budget of$80,000.00, comprised of a $40,000.00 HOME Rental Rehabilitation Program-Deferred Payment Loan and $40,000.00 in Owner's cash/or a bank loan; and, WHEREAS, according to the Robinsons, the property proved to be in far worse condition than originally thought and the renovation work requires more time to complete; and, WHEREAS, the Agreement approved on May 20, 1997, by Resolution No. 1366, expired by its own terms; and this Supplemental Agreement is necessary to complete the project, allow for the final expenditure of project funds, and protect the City's investment. IN CONSIDERATION OF THESE MUTUAL COVENANTS, David C. Robinson and Kathy E.Robinson,and the City of Omaha hereby enter into this Supplemental Agreement and agree as follows: Section 2. Paragraph 2.1,delete in its entirety and substitute the following paragraph in its place and stead: 2.1 The City will provide the remaining HOME Rehabilitation Program Funds of $10,000.00 required to complete the rehabilitation work of the property located at 3009 Marcy Street in the form of a Rental Rehabilitation Program-DPL. : ' Section 3. Paragraph 3.12,delete in its entirety and substitute the following paragraph in its place and stead: 3.12 The Owner shall make best efforts to complete construction by May 1, 1999. The Director may extend the construction completion date, but in no event may the construction completion date exceed one year from the date of the execution of this Supplemental Agreement. Except for modifications in Sections 2 and 3 as outlined above,all other terms and conditions of the Agreement approved by the City Council on May 20, 1997,by Resolution No. 1366,remains the same. ATTEST: CITY` 'r OMAH • / I CLERK OF THE CITY OF OMAHA A YOR OF THE CITY OF OMAHA <AL/ C. 4 -1 tA. ,--r-.. 1— c3 —9 9 David C. Robinson Date 1 ..rygiO/ a y E. tfbinson Date APPROVE AS TO FO c4Ki://-ow -42 -92 ASSISTANT CITY ATTORNEY DATE P:\PLN3\6503.MAF -2 - c-zsa CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr February 23 1999 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, on May 20, 1997,the City Council approved,by Resolution No: 1366, an Agreement between the City of Omaha, David C. Robinson and Kathy E. Robinson, for the renovation of the Rental Rehabilitation Project located at 3009 Marcy Street; and, t • WHEREAS, the original Agreement provided a project budget of $80,000.00, comprised of a$40,000.00 Rental Rehabilitation Program-Deferred Payment Loan and$40,000.00 in Owner's cash/or a bank loan; and, WHEREAS, according to the Robinsons, the property proved to be in far worse condition than originally thought and the rehabilitation work requires more time to complete; and, WHEREAS, the original Agreement expired by its own terms; and a Supplemental Agreement will change the construction completion date, allow for the final expenditure of the remaining project funds in the amount of$20,000.00, and protect the City's investment; and, WHEREAS, the attached proposed Supplemental Agreement changes the project completion date to May 1, 1999, allows for the disbursement of the remaining$10,000.00 in HOME funds and$10,000.00 owner's funds, and protects the City's interest. Except for these changes, all remaining terms and conditions of the original Agreement will remain the same; and, WHEREAS,completion of this project creates additional residential units affordable to low and moderate income residents. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr February 23 19 99 PAGE 2 • • THAT,the attached Supplemental Agreement between the City of Omaha, David C. Robinson and Kathy E.Robinson,for the Rental Rehabilitation Project located at 3009 Marcy Street, to change the project completion date to May 1, 1999, and to allow for the final disbursement of the remaining balance of HOME funds totaling $10,000.00 authorized in the original Agreement approved by City Council on May 20, 1997, by Resolution No. 1366, and to protect the City's interest,is hereby approved. The remaining funds in the amount of$10,000.00 shall be payable from the HOME Rental Rehabilitation Program, Fund No. 186, Organization No. 5011. APPROVED AS TO FORM: Z/7-e4."-- dvd04-14 ASSISTANT CITY ATTORNEY DATE P:\PLN3\6502.MAF. By 01114-1614511141- Councilmember Adopted FE ..3..19 9 7 .. .. . . . ity Clerk Approved �� . ./ 1... / 4414 P-s W N ~ A� O r-+ f 1 CD ff' UU O W , C1 O ° Y O Uq o r t n 41 O O CD dr4 p. CDp, ,may l w! L IIH! IliHI �p O `C• 7J O r. CD p(pp -r Q to O O W �+ n 4 Z N Cr O CD 0 (Xi •� �-t . t ' D9. • i T