RES 1999-0421 - Agmt with David C Robinson and Kathy E Robinson for rental rehabilitation project at 3009 Marcy Str a
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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.
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•
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
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Robert C. Peters 16ate ayor's Offic /Tit e &errAit Date
Acting Planning Director
Approved as to Funding: Approved:
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Louis A. D'Ercole (fpD to / George vis, Jr. Da e
Finance Director Human elations Director
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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
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ASSISTANT CITY ATTORNEY DATE
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-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
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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:
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ASSISTANT CITY ATTORNEY DATE
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By
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Councilmember
Adopted FE ..3..19 9 7
.. .. . . . ity Clerk
Approved �� . ./ 1... / 4414
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