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RES 1998-1095 - Agmt with Holy Name Housing Corporation for construction of single family homes e LHA,N„ Rr- Planning DepartmentbA,A.4:,_fi Omaha/Douglas Civic Center r'�„iaell 98 APR 20 N 3: 13 1819 Farnam Street,Suite 1100 ® r`[Yt �► Omaha,Nebraska 68183-0110 o •: . : _ (402)444-5200 Ao — ` y^ C T i� `,I.'.i 1si (402)444 5150 A4TED FEB;°' }'�ws}-rd NE 1,' a Telefax(402)444-6140 City of Omaha Hal Daub,Mayor April 28, 1998 Honorable President and Members of the City Council, The attached proposed Resolution authorizes the continuation of a Community Development Block Grant(CDBG)Revolving Loan Fund Agreement for the Holy Name Housing Corporation(HNHC), a Nebraska Non-profit Corporation, located at 3014 North 45th Street, Omaha, Nebraska 68104. The Revolving Loan Fund will be used by HNHC to construct and sell six to eight new housing units to low and moderate home buyers in the Kountze Park- Sacred Heart Infill Housing Target Area. The Infill Housing Target Area is generally bounded by 16th Street on the east, 24th Street on the west, Maple Street on the south, and Pratt Street on the north. The proposed Agreement allocates$200,000.00 in FY98 CDBG program funds pursuant to the 1998 Consolidated Submission for Community Planning and Development Programs(Consolidated Plan), approved by the City Council on December 16, 1997,by Resolution No. 3397. The Holy Name Housing Corporation was designated as the project developer pursuant to the Kountze Park- Sacred Heart Redevelopment Plan approved by the City Council on August 7, 1990. As project developer, HNHC has constructed and sold 29 single-family homes in the Kountze Park- Sacred Heart Infill Housing Target Area with ten units currently under construction. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. Sincerely, •Referr o City C ncil for Co sideration: 74 7-yY 9F Robert C. Peters, Acting Director Date Mayor's Office/Title Date Planning Department roved as to Funding: Approved: f r, 17e/047 4' % .& 4bcf,b`W/. i/0- ls Louis A. D Ercole, Director�f�(� Date George. Davis, Jr., Direct Finance Department t''" - Human Relations Department P:\PLN2\5076.MAF ' AGREEMENT THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska (sometimes hereinafter referred to as "City"); and the Holy Name Housing Corporation, a Nebraska non-profit corporation, 3014 North 45th Street, Omaha,Nebraska 68104, (sometimes hereinafter referred to as "HNHC"); for the construction of new single family houses in the Kountze Park- Sacred Heart Infill Housing Target Area. 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, a primary objective of the City of Omaha's Community Development Block Grant Program is the development of viable urban communities with decent housing opportunities, job opportunities, and a suitable living environment principally for persons of low and moderate income; and, WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended, for the purpose of benefitting 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 (Consolidated Plan) onDecember 16 1997, C`� r by Resolution No. 3397, setting out the City's Community Development Block Grant Program for 1998; and, WHEREAS,the HNHC Kountze-Park- Sacred Heart Infill Housing Program was included in the FY98 Consolidated Plan and $200,000.00 was allocated to the program; and, WHEREAS,the Kountze Park- Sacred Heart Infill Housing Target Area, an area in North Omaha, defined by Pratt Street on the north, Maple Street on the south, 16th Street on the east, and 24th Street on the west, is a blighted and substandard area; and, WHEREAS, Kountze Park - Sacred Heart Redevelopment Plan, approved by the City Council on August 7, 1990, designated the Holy Name Housing Corporation, a non-profit neighborhood based organization, as the developer responsible for the construction and sale of new houses in the Redevelopment Area; and, WHEREAS,the Redevelopment Plan calls for the acquisition of vacant lots and deteriorated structures and the construction of new single family residential units; and, WHEREAS,the Holy Name Housing Corporation proposes to construct and sell six to eight new houses during the term of this Agreement; and, WHEREAS,the Holy Name Housing Corporation plans to provide mortgage financing to potential homeowners in the Target Area at an affordable rate; and, WHEREAS, a determination has been made that this Infill Housing Program provides housing which is determined to benefit low and moderate income persons; and, WHEREAS, it is in the best interests of the citizens of the City of Omaha to initiate the construction of six to eight single family dwelling units in the Kountze Park- Sacred Heart Infill Housing Target Area. - - 2 - NOW, THEREFORE, in consideration of these mutual covenants, the Holy Name Housing Corporation and the City of Omaha do hereby agree as follows: Section 1. Definitions -Abbreviations The following terms shall have the following meaning for all purposes in this Agreement: 1.1 "City" shall mean -the City of Omaha, a Nebraska Municipal Corporation. 1.2 "Developer" shall mean - the Holy Name Housing Corporation, 3014 North 45th Street, Omaha,Nebraska 68104. 1.3 "Director" shall mean-the Planning Director. 1.4 "HNHC" shall mean - the Holy Name Housing Corporation, a Nebraska nonprofit corporation(see Exhibit A). 1.5 "Kountze Park - Sacred Heart Infill Housing Target Area" shall mean - vacant, platted lots located in an area bounded by Pratt Street on the north; Maple Street on the south, 16th Street on the east, and 24th Street on the west. 1.6 "Deferred Payment Loan (DPL)" shall mean- a loan of CDBG funds in an amount not to exceed $30,000.00 for households whose annual income is at 80% or below the Median Income for Family Size and $25,000.00 for households whose annual income is greater than 80% and less than or equal to 120% of the Median Family Income for Family Size for 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 10 years from the date of loan closing. After 10 years, 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 of repayment. 1.7 "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). r. - 3 - l%"t 1.8 "Subrecipient" shall mean - a public or private nonprofit agency, authority or organization receiving CDBG funds to undertake eligible activities. In this Agreement,the subrecipient is HNHC. 1.9 "Recipient" shall mean- the City of Omaha. 1.10 "Program Income" shall mean - gross income received by the Recipient or Subrecipient directly 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 B). 1.11 "Construction Contract" shall mean - the ensuing contract for all work to be performed upon the subject property,more specifically, scattered vacant lots within the Kountze Park- Sacred Heart Infill Housing Target Area. 1.12 "Construction Work" shall mean-the work to be performed on scattered vacant lots within Kountze Park - Sacred Heart Infill Housing Target Area and all work or services provided for in professional services or construction contracts and as may be required hereunder. 1.13 "CDBG Funds" shall mean - that portion of the Community Development Block Grant awarded to the City as may be available to loan during program year 1998 for professional services, Construction Work and Deferred Payment Loans involving the property located in the Kountze Park-Sacred Heart Infill Housing Area as described in Section 1.5 of this Agreement in an amount not to exceed$200,000.00, subject to the terms, conditions and requirements of said Grant. 1.14 "Progress Payment" shall mean -that portion of the total construction contract paid in one or more disbursements, based upon the value of the construction, administrative or professional services work completed at the time the payment request is made. Section 2. Duties and Conditions of City Financing 2.1 The City shall convey by Warranty Deed platted vacant lots within the Kountze Park- Sacred Heart Infill Housing Target Area to HNHC for the sum of One Dollar ($1.00) and other valuable consideration. The vacant lots within the Target Area shall be conveyed free of any and all encumbrances. The number of vacant lots conveyed to HNHC shall be sufficient in number to enable the construction of approximately ten single family houses. 2.2 Subject to and conditioned upon actual receipt of same, the City agrees to make available to HNHC $200,000.00 in CDBG Funds received for use in the 1998 program year, as hereinabove described and defined. Funding shall be subject to the - 4 - terms and conditions specified and contained in this Agreement. Further, funding shall be used only for the following purposes: 2.2.1 Any financing, legal, accounting or architectural costs associated with the construction of properties in the Target Area. 2.2.2 Costs associated with the construction of properties located in the Target Area. 2.2.3 Acquisition costs for materials which will be used in the construction of properties located in the Target Area. 2.2.4 Costs incurred for labor associated with the construction of properties located in the Target Area. 2.2.5 Costs associated with utility hookups and site preparation of the properties being constructed in the Target Area. 2.2.6 Any demolition costs associated with the construction of the properties in the Target Area. 2.2.7 Partial construction financing for each single family house at no interest as follows: A. In the case of a newly constructed property,such construction financing shall be made to HNHC without interest in an amount not to exceed $30,000.00 for households whose annual income is at 80%or below the Median Income for Family Size and$25,000.00 for households whose annual income is greater than 80% and less than or equal to 120% of the Median Family Income for Family Size per unit. Such loans shall be secured by no less than a second mortgage or deed of trust to the City of Omaha and shall become due and payable to the City at the loan closing from the sale proceeds as each individual house is sold. B. At the closing of a loan for each sale of a house,the City shall release its mortgage or provide a deed of reconveyance for its deed of trust for such property. 2.2.8 Partial mortgage or deed of trust financing to qualified low and moderate income buyers through the use of Deferred Payment Loans shall be secured by a second mortgage or deed of trust on individual properties and shall not exceed$30,000.00 for households whose annual income is at 80% or below the Median Income for Family Size and $25,000.00 for households whose annual income is greater than 80% and less than or equal to 120% of the Median Family Income for Family Size for a newly constructed property (Exhibit C). - 5 - 2.2.9 City funding pursuant to this Section shall be contingent upon receipt of and subject to availability of Community Development Block Grant funds in 1998 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 HNHC as soon as reasonably possible. At this time, the responsibilities of the HNHC under Section 3 of this Agreement shall be released,the provisions of Section 5.6 will be exercised and the Agreement will be terminated. 2.2.10 Funds paying for contractual work shall be payable in consideration with the construction progress payment schedule, in accordance with the Director's prior approval. 2.3 The City shall review and approve all plans for public improvements,site preparation and house construction and perform interim and final inspections on each construction phase or completed residential unit. 2.4 The City shall review and monitor the quarterly reports that identify the progress/accomplishments of the HNHC,on the activities included in this Agreement and on contracts entered into with third parties pursuant thereto. 2.5 After completion of construction,the property must comply 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). 2.6 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 HNHC has submitted for and received the approval of the Director of all of the following: a. evidence that owner funding is available as required by Section 3.8 herein; and, b. duly executed contracts for construction work; and, c. Lien waivers from the General Contractor, its subcontractors and suppliers. 2.7 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 liability hereunder,unless and until HNHC has timely and fully completed with its duties and obligations arising hereunder. 2.8 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 - 6 - 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", provided that no payments shall be made for any acquisition, 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 rehabilitation 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. Further, any such administrative, acquisition and construction progress payments or sources of construction and permanent financing shall be made from, and be attributable to, each funding source in proportion to the approximate percentage that same bears to the total amount of funding hereunder, which, for the purpose of this section, are hereby established in Exhibit D of this Agreement. Progress payments for development fees shall be pro-rated based upon the percentage of site preparation and public improvements completed and the number of completed single family residential units. 2.9 The City agrees to provide HNHC funds, as described in Sections 2.2 and 2.3 herein, to carry out the services described herein for a period of thirty-six (36)months from the time of favorable consideration by the City Council. 2.10 In consideration of the program services herein provided, the City agrees to pay HNHC the sum of$200,000.00, conditioned upon actual receipt of same, for the HNHC Housing Revolving Loan fund from Community Development Block Grant, Fund 193, Organization Number 8320, HNHC Kountze Park-Sacred Heart Infill Housing. 2.11 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure, on a home constructed by HNHC, HNHC may buy out the first mortgage and repay the City's Deferred Payment Loan. Upon repayment of the Deferred Payment Loan, the City may provide a deferred payment loan to a subsequent purchaser in an amount not to exceed that which is authorized by the Agreement in place at the time the subsequent purchaser receives preliminary loan approval by the City. - 7 '410 - 2.12 The City may permit assumptions of its deferred payment loans provided the proposed borrower meets all eligibility and underwriting requirements in effect at the time the proposed borrower receives preliminary loan approval by the City. Section 3. Duties and Responsibilities of Holy Name Housing Corporation 3.1 The HNHC agrees to develop platted vacant lots in the Kountze Park- Sacred Heart Infill Housing Target Area in conformance with the Kountze Park - Sacred Heart Infill Housing Redevelopment Plan approved by the City Council on August 7, 1990. 3.2 HNHC shall be responsible for the security and maintenance of Redevelopment Sites upon receipt of the Warranty Deed from the City. 3.3 HNHC shall contract for architectural and engineering services for the preparation of all design and construction documents, cost estimates, and construction supervision necessary for the construction of new single family houses in the Kountze Park - Sacred Heart Redevelopment Site. As specified in Section 2.2.1, HNHC shall obtain the approval of the Director for all contracts, plans, and plats pursuant to this Section. 3.4 HNHC shall contract for and complete site preparation and construction of public improvements as specified in Section 2.2.5. HNHC shall obtain the approval of the Director for all construction contracts,prior to the start of such contracts. 3.5 Upon a date agreeable to HNHC and the Planning Director, HNHC shall begin construction of no fewer than two single family detached houses to be used as model houses or houses available for sale. Construction plans and locations for such houses shall be approved by the Planning Director. The construction of such houses shall be eligible for the partial construction financing as outlined in Section 2.2. 3.6 HNHC shall construct at least one additional housing unit for each housing unit sold, subject to the limitations on outstanding City construction funding set forth in Section 2.2.2. HNHC shall make best efforts to construct and sell six to eight single family housing units over a three-year period in conformance with the Development Schedule described in Exhibit D. 3.7 The HNHC shall secure private funds as described in Exhibit D. The HNHC shall certify the availability of these funds to the Director in a manner designed by him. 3.8 The HNHC does hereby certify contract and agree that any and all funding obtained by it or made available to it hereunder, shall be used solely and exclusively for the express purpose of developing the Kountze Park- Sacred Heart Infill Housing Target Area in strict compliance with this Agreement and the construction contracts as approved, as well as the drawings and other specifications as approved. - 8 - 3.9 The HNHC shall submit to the Director, for his review and approval, all working drawings,plans and specifications necessary or incidental to this project. In addition, the HNHC shall submit duly authorized construction contracts for the Director's review and approval. The Director reserves the right to reject,modify or amend any or all of the foregoing. Upon approval,no changes or amendments may be made to any of the foregoing without the written approval of the Director. In no event shall the City become obligated to make any payments or release loan proceeds for any work performed,materials furnished, expenses incurred, or any other expenditure of whatsoever kind or nature unless same was expressly included in one or more of the above-mentioned documents as approved. 3.10 The HNHC 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 HNHC. 3.11 The HNHC agrees 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 (1) per centum of lead by weight (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 HNHC further agrees to abide by all Federal requirements regarding lead-based paint poison prevention. 3.12 The HNHC agrees that the CDBG Revolving Loan funds shall only be used to finance the construction of housing units to be initially owned and occupied by households meeting the following "Median Income by Family (MFI)" criteria: A. Five to seven of the households which initially own and occupy completed properties under the terms of this Agreement must be low income households whose annual income is less than or equal to 80% of the MFI. B. One of the households which initially own and occupy completed properties under the terms of this Agreement may be households whose annual income is in excess of 80% of the MFI, but is less than or equal to 120% of the 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 Exhibit E and incorporated herein by this reference. 3.13 Until the loan closing for each sold house, the HNHC shall maintain the property at all times in a safe and sanitary condition. Upon sale of a house, HNHC shall have no further responsibility for such housing unit and real estate lot. The HNHC will also maintain the property in a safe and sanitary condition to the extent reasonably possible during the construction phase of the project. 9 - 3.14 The HNHC shall 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 HUD. The Director shall assist HNHC, in the same manner the Director provides technical assistance to other developers, during the construction phase to ensure compliance with such requirements. 3.15 The HNHC shall 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. The Director shall approve all contractors and subcontractors prior to being hired by HNHC. 3.16 The HNHC and the first mortgage or deed of trust lending institution, shall ensure that property insurance, all taxes,regular and special, are to be paid up-to-date as of the scheduled time for loan closing(s). 3.17 HNHC shall submit to the Director, for his review and approval, a minority and women business participation plan which discusses economic development and employment opportunities. The HNHC shall make best efforts to ensure that construction services, contracts and employment opportunities are affirmatively marketed to women and members of minority groups. 3.18 The HNHC shall employ affirmative marketing procedures in the advertising and marketing of completed residential units. In marketing, the HNHC shall also conform to the nondiscrimination provisions as hereinafter set forth. Any such advertisements shall receive the approval of the Director prior to their release. 3.19 The HNHC shall 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 representatives of the City of Omaha,as approved by the Planning Director,shall have access to any books, documents,papers,records and accounts of the HNHC, Contractor or Subcontractor 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 HNHC with any Contractor or Subcontractor shall include this Section to ensure said access. 3.20 HNHC shall submit a monthly progress report to the City of Omaha, Director of Planning. The progress report will delineate HNHC, staff accomplishments for the previous 30 day period. ,./ 0- 10 - z . 3.21 HNHC shall submit a monthly financial report (income statement) delineating the revenue and line item expenditures for the development of the Kountze Park- Sacred Heart Infill Housing Redevelopment Site. In addition, a monthly check register is to be submitted reflecting payee, date, amount and check number. 3.22 HNHC shall comply with all provisions and regulations of the Community Development Block Grant 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 subrecipient 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 year. OMB Circular A-133 is attached as Exhibit F. 3.23 HNHC shall ensure that the residential development conforms to City housing and zoning ordinances. HNHC shall carry out all construction in an efficient manner. 3.24 HNHC shall make best efforts to secure favorable mortgage or deed of trust financing for eligible home buyers. 3.25 HNHC specifically hereby states, agrees and certifies 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 HNHC further agrees to indemnify and hold harmless the City of Omaha for any liability arising out of the improper use of the information provided. 3.26 HNHC shall assist first mortgage or deed of trust lenders to ensure that all loans are made in compliance with first mortgage or deed of trust lending institutions policies and underwriting standards similar in content to the HNHC Loan Policies and Underwriting Standards attached hereto as Exhibit G and made a part hereof by reference. 3.27 HNHC shall 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. 3.28 HNHC shall assume responsibility for assisting the first mortgage lending institution in the collection of all reports and other information required to make a decision relative to financing a client. - 11 - • 3.29 HNHC shall acquire bonding for the benefit of the City of Omaha in the amount of $50,000.00 for the HNHC, Board of Directors and employees entrusted with the handling of funds pursuant to this Agreement. 3.30 HNHC shall ensure that any Program Income received will be returned to the City of Omaha within thirty (30) days of receipt. In the event the City shall cease to fund the redevelopment of the Kountze Park - Sacred Heart Infill Housing Program, HNHC shall have no further responsibility under the terms of the Agreement except to return unsold lots and any unobligated CDBG funds, if any, provided to HNHC under this Agreement, all as provided in Section 5.6 herein. Section 4. Terms of the Agreement This Agreement shall be effective for a period of thirty-six (36) months from the time of favorable consideration by the City Council. Section 5. Mutual Agreements HNHC agrees and the City states,that the City: 5.1 Is not acting as the HNHC's architect or engineer. 5.2 Makes no warranties, express or implied, as to the construction work. 5.3 Owes no duty to the HNHC 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. 5.5 Shall be held harmless by the HNHC 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/Affirmative Action Plan. Attached hereto as Exhibit H and Exhibit I and made a part hereof by reference are the equal employment provisions of this Agreement. - - 12 - 6.2 Non-discrimination. The HNHC shall not, in the performance of this contract, 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 contract are for convenience and are not used in the construction of this contract. 6.4 Applicable Law. Parties to this contract 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 contract. 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 contract. A violation of this Section with the knowledge of the person or corporation contracting with the City shall render the contract voidable by the Mayor or the City Council. 6.6 Merger. This Agreement shall not be merged into any other oral or written Agreement, lease or deed of any type. 6.7 Modification. This Agreement contains 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. 6.8 Assignment. HNHC may not assign its rights 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 the HNHC is and remains a general partner. 6.9 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 representatives of the parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.10 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 - 13 - . suspended or terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit J). 6.11 Subrecipients. HNHC shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit K) and Attachments A, B, C, F, H,N and 0 to OMB Circular No. A-110 as identified in Exhibit L. 6.12 Other Program Requirements. The HNHC 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 M). 6.13 Reversion of Assets. Upon the expiration of this Agreement, the HNHC shall. transfer to the City of Omaha any CDBG funds on hand at the time of expiration and not required for the purpose of this Agreement. 6.14 HNHC shall indemnify and hold the City harmless from and against: (1)any and all claims arising from contracts between HNHC and third parties made to effectuate the purposes of this Agreement;and, (2)any and all claims,liabilities or damages arising from the preparation or presentation of any of the work covered by this Agreement. 6.15 If through any cause, HNHC 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 HNHC liable for any damages caused to the City by reason of such default and termination. 6.16 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. 6.17 This Agreement shall be a contract made under and governed by the laws of the State of Nebraska. 6.18 Disclosure of Lobbying. HNHC 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 HNHC,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. - 14 - > T' (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 HNHC 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. Section 7. Authorized Representative In further consideration of the mutual covenants herein contained,the parties hereto expressly agree that for the purpose of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter,the following named individuals shall be authorized representatives of the parties: (1) City of Omaha: (2) Developer: Director, Planning Department Holy Name Housing Corporation Omaha/Douglas Civic Center Sr. Marilyn Ross, Executive Director 1819 Farnam Street 3014 North 45th Street Omaha,Nebraska 68183 Omaha,Nebraska 68104 IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated below: • ATTEST: "CITY , unicipa) Corporation ,/�� it y erk of the Cityof Omaha Date M or of the Cityof Omaha Da e WITNESS: HOLY NAME HOUSING CORPORATION, A Nebraska Non-profit Corporation a-C-7AL- c//b ? By: _ °S1/f ate Sr. MarilY oss Exec. Director Date P:\PLN2\5078.MAF APPRO ,ED AS TO ORM: •d /6).24) Assistant City Attorney Date - 15 - 2 \ \./ SCHEDULE OF EXHIBITS Agreement Exhibit Location Description A 1.4 HNHC Articles of Incorporation, Corporate Resolution and List of Board Members B 1.10 Definition- Program Income C 2.2.8 Deferred Payment Loan Determination Process D 2.8, 3.6, 3.7 Project Pro-Forma and Development Schedule E 3.12 Median Income by Family Size F 3.22 OMB Circular No. A-133 G 3.26 HNHC Underwriting Guidelines H 6.1 Equal Employment Opportunity Clause I 6.1 Affirmative Action Plan J 6.10 Termination- CFR 85.43 and CFR 85.44 K 6.11 OMB Circular No. A-122 L 6.11 OMB Circular A-110 M 6.12 Other Program Requirements - Handbook 6500, Subpart K Exhibits identified herein are made a part hereof by reference and are a part of the provisions of the Agreement. Exhibits B, F, and H through M are on file in the Planning Department. P:\PLN2\5078.MAF 0,� ARTICLES OF INCORPORATION OF HOLY NAME HOUSING CORPORATION Pursuant to the provisions of the Nebraska Nonprofit Corporation Act, the undersigned natural persons of the age of eighteen years or more, acting as incorporators, do. hereby set forth: ARTICLE I Name The name of the corporation is Holy Name Housing Corporation. • MAR () 'l 1927 • ARTICLE II R.' --- STATE OF NELIal,.SKA SS Duration :ic.Cirif-.'TfaR`i'S OFFICE • Fi1 •land recwded c:n film roll The corporation shall have perpetual existe Le-- page � k �C' • ARTICLE III ey J�^ • - --- 1 l I ( ,) Secretary of Purposes The corporation is organized and shall be operated exclusively as a nonprofit corporation for the, following pur- poses : • ( 1 ) To promote and encourage the rehabilitation and maintenance of substandard housing in economically depressed areas of the City of Omaha; • (2 ) To actively engage in the rehabilitation and maintenance of substandard housing in economically depressed areas of the City of Omaha; (3 ) To participate in activities and other programs of public interest which relate to the establishment and maintenance of desirable housing and neighborhood rehabilitation and preservation; and (4 ) Such other charitable, benevolent, eleemosynary, • educational , civic, religious and social activities as may be deemed appropriate by the Board of Directors . The corporation shall have the power to hold property of any nature in trust for itself or for the carrying out of any of its authorized purposes . In furtherance of its foregoing purposes , the corporation shall have all the powers given to and possessed by a corporation under the Nebraska Nonprofit Corporation Act that are not inconsistent with such purposes , subject always , however, to the,limitation that, notwithstanding any other J l • provision of these Articles , only such powers shall be exercised as may be exercised by an organization exempt under Section 501 (c ) (3 ) of the Internal Revenue Code and its regulations as they now exist or as they may hereafter be amended. ARTICLE IV • Registered Office and Registered Agent The address of the corporation' s registered office is 3014 North 45th Street, Omaha, Nebraska 68104, and the name of its registered agent at such office is Rev. Gerald Mullin, C. S . s .R. ARTICLE V Management of Affairs The affairs of the corporation shall be managed in accordance with the By-laws by a Board of Directors . The method of selection, the number of directors and the duration of their terms shall be as provided in the By-laws , provided that the number of directors shall not be less than three (3 ) . The directors constituting the first Board of Directors are as follows : • 1. Rev. Gerald Mullin, C . S . s .R. 3014 North 45th Street Omaha, Nebraska 68104• 2 . Rev. Donald Neureuther, C.S . s .R. • 30.14 North 45th Street Omaha, Nebraska 68104 3 . Edward Vaughan 2711 North 48th Avenue Omaha, Nebraska 68104 ARTICLE VI By-laws The By-laws of the corporation shall be adopted by the Directors at any regular meeting or at any special meeting called for that purpose so long as they are not inconsistent with the provisions of these Articles . The By-laws may be amended by the Board of Directors in .the manner provided in the By-laws . ARTICLE VII Membership; Capital Stock The corporation shall have no members and the corpora- tion shall not have nor shall it issue any shares of stock in any form or denomination. • • • ARTICLE VIII Amendments The corporation reserves the right to amend, alter or repeal any provision contained- in these Articles of Incorporation in the manner now or hereinafter prescribed or permitted by law . ARTICLE IX' • Liability of Members , Board of Directors , Officers , etc . The private property of the incorporators and Directors of the corporation shall not be subject to the debts or obliga- tions of the corporation to any extent whatsoever. ARTICLE X Prohibitions ; Dissolution • This corporation is organized exclusively for chari- table, religious, educational, and scientific purposes , includ- ing, for such purposes , the making of distributions to organiza- tions that qualify as exempt organizations under Section 501 (c ) (3 ) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United Sates Internal Revenue Law ) . No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its Directors , officers, or other private persons , except that the corporation shall be authorized and .empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the preceding sentence hereof. No substantial part of the activities of the corpora- tion shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in ( including the publishing or distribution of . statements ) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, 'the corporation shall not carry on • activities not permitted to be carried on (a) by a corporation exempt from Federal. . Income Tax under Section 501(c) (3 ) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b ) by a corporation, contributions to which are deductible under Section 1'70 (c) (2 ) of the Internal Revenue Code of 1954 (or the correspond- ing provisions of any future United States Internal Revenue • Law ) . Notwithstanding anything herein to the contrary upon the dissolution of the corporation, the Board of Directors shall , after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation in such manner, or to such organiza- I'AD• • • • tion or organizations organized and operated. exclusively for ctiarltable , educational , religious or scientific purposes as shall at the time qualify as an exempt organization or organiza- tions under section 501 ( c ) ( 3 ) of the Internal Revenue Code Of 1954 ( or the corresponding provision of any future ' United States • internal Revenue Law) , as the Board of Directors shall- deter- mine . Any such assets not so disposed of shall be disposed of by the District Court of the county in which the principai_. office of the corporation is then located, exclusively for such purposes or to such organizations , as said Court shall dete_- mine , which are organized and operated exclusively for such purposes . ARTICLE XI The name and street address of each incorporator is as follows : Rev . Gerald Mullin, C . S . s . R. • 3014 North 45th Street Omaha , Nebraska 66104 • Rev . Doriald • Neureuther, C. S . s . R. 3014 North 15th Str==-'- Omaha,, Nebraska 68104 DATED this 3rd day of March, 1982 . • tidir A./ (1 •/". Incorporator ) • • l,•i t4(49 1 j1.C'1it1127, . C. 0 , S. r Incorporator • • • • i 1 1111 RESTATED BY-LAWS HOLY NAME HOUSING CORPORATION ARTICLE I CORPORATE AFFAIRS 1 . 1 . The affairs of the corporation shall be conducted strictly in accordance with and furtherance of the Corporation' s charitable and educational purposes as set forth in the Articles of Incorporation, and all provisions of these By-laws shall be construed in a manner consistent with the furtherance of such purposes. ARTICLE II BOARD OF DIRECTORS 2. 1 . Purpose and Duties. The purpose of the Board of Directors is to assure that the philosophy and mission of Holy Name Housing Corporation is in agreement with the philosophy and mission of the Redemptorist Fathers, St. Louis Province, Inc. The duties of the Board of Directors shall be: a. to appoint or remove the Executive Director an d Director of Rehabilitation; b. to approve any amendment of the Articles or By-laws of the Corporation; c. to review and approve the annual operating budget of Holy Name Housing Corporation; d. to approve any dissolution, consolidation, or merger of the Corporation and to approve the incorporation of affiliated corporations of this Corporation. 2. 2. Membership. The members of the Board of Directors shall, at all times, be the three (3) persons who hold the offices of Rector and Consultors of the Redemptorist Fathers of Nebraska. When any Redemptorist shall cease to be the Rector or Consultor of the Redemptorist Fathers of Nebraska, he shall cease to be a director of this Corporation, automatically and without any affirmative action on the part of the Corporation, and his replacement as Rector or Consultor of the. Redemptorist Fathers of Nebraska shall automatically become a director of this corporation. 2. 3. Compensation. Directors shall serve without compensation. 2. 4. Meetings. Regular meetings of the Board of Directors shall be held annually on April 15 of each year. Special meetings shall be called from time to time when requested by two ( 2) directors. 2.5. Notice. Reasonable notice of all Directors ' meetings shall be given. A majority of Directors present shall constitute a quorum for the transaction of business. • ARTICLE III BOARD OF CONSULTORS 3.1 . Purpose and Duties. The purpose of the Board of Consultors is to assure that the philosophy, goals and purpose of Holy Name Housing Corporation are preserved. The duties of the Board of Consultors shall be: a. to participate in an advisory capacity in the ongoing long range planning process of the Holy Name Housing Corporation; b. to make recommendations to the Executive Director regarding organizational development, fund-raising, financial management, and relationships with other agencies, institutions and individuals; c. to make recommendations, in an advisory capacity, regarding provision, maintenance and expansion of housing services. 3.2. Membership. Membership of the Board of Consultors shall be comprised of the Executive Director of Holy Name Housing Corporation and such persons as he appoints, including, by way of example only, representatives of the Holy Name neighborhood, representatives of organizations which fund Holy Name Housing Corporation, representatives of the business and professional sector of this community, and representatives of community organizations. 3.3. Compensation. Consultors shall serve without compensation. 3. 4. Terms. Members of the Board of Consultors shall serve at the will of the Executive Director for such time as he may specify. 3.5. Officers and Duties. Such officers as the Executive Director determines are necessary shall be elected by the Holy Name Housing Board of Consultors from time to time and shall perform such duties and have such responsibilities as the Executive Director shall determine. ARTICLE IV EXECUTIVE DIRECTOR 4. 1 . Appointment. The Executive Director shall be appointed by, accountable to, and shall serve at the will of the Board of Directors. 4.2. Duties. The duties of the Executive Director of Holy Name Housing Corporation are: • a. to direct the activities of Holy Name Housing Corporation in accordance with the Corporation' s Articles of Incorporation and By-laws; b. to provide leadership in the governance and management of Holy Name Housing Corporation; c. to achieve the objectives and discharge the responsibilities established by the Board of Directors; d. to plan, direct, control and evaluate all day-to-day corporate activities. 4.3. Compensation. The compensation of the Executive Director shall be established by the Board of Directors from time to time. ARTICLE V DIRECTOR OF REHABILITATION 5. 1 . Appointment. The Director of Rehabilitation shall be appointed and serve at the will of the Board of Directors and shall be accountable to the Executive Director. 5.2. Duties. The duties of the Director of Rehabilitation of Holy Name Housing Corporation are: a. to assist the Executive Director and to oversee all phases of rehabilitation; b. to evaluate the effectiveness and performance of members of the work crews; c. to undertake and perform such other duties as the Executive Director may determine. 5.3. Compensation. The compensation of the Director of Rehabilitation shall be established by the Board of Directors from time to time. ARTICLE VI CORPORATE SEAL 6 . 1 . The Corporation shall not have a corporate seal. ARTICLE VII FISCAL YEAR 7 . 1 . The fiscal year of the Corporation shall commence on the first day of April and end on the thirty-first day of March. ARTICLE VIII AMENDMENTS • 8.1 . These By-laws may be repealed, altered or amended by majority vote of the Board of Directors at any regular meeting or any special meeting held for that • purpose. The undersigned hereby certify that the foregoing By-laws were duly adopted by the Board of Directors effective May 1 , 1986. Don R. Neureuther, C.SS.R Edward R. Vaughan Marily F. Ross, RSM • HOLY NAME HOUSING / CORPORATION BOARD RESOLUTION BE IT RESOLVED that Sr. Marilyn Ross, President and Executive Director of Holy Name Housing Corporation (HNHC), a Nebraska nonprofit corporation in good standing with the State of Nebraska, is given authority to sign any and all official documents, contracts, loan agreements, promissory notes, mortgages, trust deeds, or other legal instruments necessary to obtain financing for HNHC housing projects. ,17 Fr. Robert Oelerich, Vice President Date / Holy Name Housing Corporation Board of Directors ,1`� 3014 North 45th Street C `'L Omaha, Nebraska 68104 (402) 453-6100 HOLY NAME HOUSING / CORPORATION BOARD RESOLUTION BE IT RESOLVED that Br. William Cloughley, Vice President of Holy Name Housing Corporation (HNHC) , a Nebraska nonprofit corporation in good standing with the State of Nebraska, is given authority to sign any and all official documents, contracts, loan agreements, promissory notes, mortgages, trust deeds, or other legal instruments necessary to obtain financing for HNHC housing projects. ,//24,0'7 Fr. Robert Oelerich, Vice President Datd Holy Name Housing Corporation Board of Directors 3014 North 45th Street Omaha, Nebraska 68104 (402) 453-6100 ,/s --10LY NAME HOUSING CORPORATION BOARD RESOLUTION The Board of Directors of Holy Name Housing Corporation authorizes Lisa A. Burks to sign all documents necessary to obtain financing for the purchase, sale and construction financing for homes for the Corporation. These documents include, but are not limited to: Deeds of Trust Promissory Notes Loan Agreements Warranty Deeds Transfer Statements Lien Waivers Closing Statements gr_ ( 1/1.;ri FJ Fr. Brian John resident Date Board of Direc or 3014 North 45th Street Omaha, Nebraska 68104 (402) 453-6100 1 HOLY NAME • • HOUSING CORPORATION BOARD RESOLUTION The Board of Directors of Holy Name Housing Corporation authorizes Thomas G. Vaughan, Housing Counselor for the Corporation, to sign all documents necessary to obtain financing for acquisition, construction financing and sale of homes for the Corporation. These documents include, but are not limited to, the following: Purchase Agreements Deeds of Trust Promissory Notes Loan Agreements Warranty Deeds Transfer Statements Lien Waivers Closing Statements 2 Fr. Brian Johnson -President Date Holy Name Housing Corporation Board of Directors 3014 North 45th Street Omaha, Nebraska 68104 / N (402) 453-6100 4 HOLY NAME HOUSING CORPORATION BOARD OF DIRECTORS DATE: 11/4/97 President: * Rev. Brian Johnson, Pastor Holy Name Church 3014 N. 45th Street Omaha, NE 68104 Vice President: * Rev. Robert Oelerich, Associate (Same as above) Sec/Treasurer: * Rev. William Parker, Associate (Same as above) Note: Holy Name Housing Corporation is not a religious organization nor does it serve persons of a particular faith. Because the founders of Holy Name Housing Corporation were concerned about the neighborhood and the Corporation's faithfulness to the mission of neighborhood, they made the Redemptorist Fathers of Nebraska the Board of Directors. The Redemptorists have been active in the Holy Name neighborhood for seventy-five years. The Board of Directors and Board of Advisors meet jointly four times a year. HOLY NAME HOUSING CORPORATION BOARD OF ADVISORS Gary R. Batenhorst Godfather's Pizza 9140 W. Dodge Rd. Omaha, NE 68114 (402) 391-1452 Fax 255-2699 Mike Boyle Boyle & Associates, Attorneys at Law 1904 Farnam St. , Ste 615 Omaha, NE 68102 (402) 977-5555 Fax 342-9232 * Yolanda Brown 3519 Fowler Avenue Omaha, NE 68111 Home: (402) 453-3359 Work: (402) 595-3026 Norma Deeb, Director Girls Incorporated of Omaha 2811 North 45th Street Omaha, NE. 68104 (402) 457-4676 Fax 457-30131 Mike Fahey 1107 North 93rd Street, #157 Omaha, NE. 68114 (402) 398-9006 L 0 Richard Hays, Chairperson 5445 Hanover Plaza Omaha, NE 68152 (402) 572-6721 * Fr. Brian Johnson, Pastor Holy Name Church 3014 N. 45th Street Omaha, NE 68104 (402) 451-6622 Fax Ed Kentch, Operations Officer First National Bank of Omaha One First National Center Omaha, NE. 68102 (402) 341-0500 Ext. 7405 Fax 633-7426 * Jennie McCartney 2314 Fontenelle Boulevard Omaha, NE. 68104 (402) 351-4949 Fax 351-2798 Ron Meredith, Owner Chubb' s Finer Foods 2905 N. 16th Street Omaha, NE 68110 (402) 346-5011 Fax 346-4830 * Fr. Jim Michalski 4308 Grant St. Omaha, NE 68111 (402) 455-6439 Peggy Murphy 1816 S. 133rd Street Omaha, NE 68144 Home: (402) 334-1275 Work: 444-6573 Ext. 253 Fax: 444-7722 Janet Otepka 6474 Pierce Street Omaha, NE 68106 (402) 558-0937 Shawn Peterson, Owner Acrylicon, Inc. PO Box 11326 Omaha, NE 68111-0326 (402) 451-1365 Fax 451-1366 Betty F. Quinn HOME Real Estate 11213 Davenport Omaha, NE 68154 (402) 334-5500 Fax 334-7599 Home: 6300 Dodge Street 68154 * Terry Rogers 2125 Spencer Street Omaha, NE. 68110 (402) 451-6882 Work (402) 777-2331 Bruce Thomas Prairie Systems 7200 World Communication Drive Omaha, NE 68122 (402) 398-4100 Fax 398-4482 * Neighborhood Residents [I-7X /- i61T SUBRECIPIENT UNDERWRITING GUIDELINES • CITY OF OMAHA DEFERRED PAYMENT LOANS Effective Date: March 20, 1998 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 and Omaha Economic Development Corporation. While it is not possible to mention all requirements, these guidelines answer most questions concerning the City's Deferred Payment Loans. 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 development, 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 be 42% or the percentage established by the lender providing the first mortgage financing. Revised 3/4 • 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 the 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. 2. The purchase price,including the downpayment,must be negotiated and agreed upon between the buyer and seller. 3. The incomes of families assuming a DPL may not exceed the limits of the median family income contained in the 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. -4- J � H. CREDIT HISTORY 1. Judgments Judgments must be paid or satisfied prior to loan closing. 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 originated prior to the Court granting of a decree shall be considered a financial obligation against the borrower. 4. Legal Separation Borrower that is legally separated will be subjected to same underwriting criteria as a married person;therefore, both signatures will be required on the promissory note. 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). P:\PLN3\6041.SAP -5- HOLY NAME EDIT D HOUSING CORPORATION April 6, 1998 City of Omaha Planning Department Omaha/Douglas Civic Center 1819 Farnam Street, Suite 1111 Omaha, NE 68183 RE: SCOPE OF WORK Holy Name Housing Corporation(HNHC) New Construction -Kountze Park Infill Housing HNHC will build approximately eight homes in order to continue revitalization efforts in the Kountze Park - Sacred Heart area. HNHC has already constructed and sold 31 houses in this area and has an additional 4 under construction. This area is generally bounded by 16th Street on the east, 24th Street on the west, Maple Street on the south and Pratt Street on the north. HNHC will provide pre-purchase counseling to low income families who purchase new homes. HNHC will assist families to secure private financing for a first mortgage at an affordable rate and to meet city requirements for second mortgage. HNHC will maintain such records and accounts, including property, personnel and financial records as are deemed necessary by the City to assure proper accounting for all expenses. HNHC will make best efforts to ensure that construction services, contracts and employment opportunities are affirmatively marketed to women and minority groups. HNHC will employ affirmative marketing procedures in the advertising and marketing of the completed houses. Sincerely, >7 Sr. Marilyn Rss Executive Director 3014 North 45th Street Omaha, Nebraska 68104 (402) 453-6100 Development Budget Form Kountze Park/Sacred Heart Infill Project Construction and sale of Home based on average cost and sale of new homes in Kountze Sark area. one unit 12 units Site Preparation 3,000.00 36,000.00 Construction/renovation: Basic Construction Costs: 72,000.00 864,000.00 Contractor's overhead and profit: 7,500.00 90,000.00 Contingenc - 5% 3.600.00 43.200.00 Total: 86,100.00 1,033,200.00 Soft Costs: Legal Accounting 150.00 1.800.00 Appraisal 200.00 2.400.00 Building permits 300.00 3,600.00 Taxes 180.00 2.160.00 Insurance 50.00 600.00 Construction Financing 1,800.00 21,600.00 Marketing 50.00 600.00 Title and Recording 250.00 3,000.00 Construction financing 1,500.00 18.000.00 4,480.00 . 53,760.00 TOTAL DEVELOPMENT COSTS: 90,580.00 1,086,960.00 Sales price of property: $78,000.00 SOURCES OF FUNDS: HNHC Grants and Donations 9,580.00 114,960.00 Omaha 100 Lenders: 46,560.00 558.720.00 Buyers D.P. 1.440.00 17.280.00 TOTAL SOURCES OF FUNDS: 57,580.00 690,960.00 ,;,„ WA Shortfall 'CDBGFFunds �;�� 7 r13:000:00 `396:000:00: TOTAL DEVELOPMENT FUNDS: 90,580.00 1,086,960.00 Exhibit 1: Project Time Line Sacred Heart/Kountze park Infill Project January 1998 to December, 1998 Tasks Jan. to April to July to Oct.to Dec. 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Q- 3 "1 v v 0) 0) (Si cn 01 A A CO CO o 0) - co (n v 0) co 0) N CO CO CO 0) _ O .< N A In CA 00 c0 O N -co cn CA a) C co co O O O O O 0 O O O 0 a N O O O O O O O O O O O 0 ° a 5 N CD o CD 0) CD N CaD - CCD 69 b9 69 69 69 69 rfl 69 EA 69 69 b9 -a c c0 CO CO CO "I v CA 0) Cn Cn A A II - N •crivs vs 1 0) -1 -1 N) -1 N 0) O 0 "a' O (Ti -co -•, (Ti -co N CA C0 N -co (Ti 0 Oo CD' (Ti O O O cn O 0 (Ti (Ti O O (Ti e "` - 0, 0 0 0 0 0:, 0 0 0 0) 0) 0) ° X CD N \� II 1�/ Exhibit G Holy Name Housing Corporation Deferred Payment Loan Determination Process The prospective home purchaser in the Holy Name Housing Corporation's home ownership program will proceed through the following loan approval process: • Initial assessment by HNHC representative to insure that the client's intent is home ownership. If so, the home ownership program is briefly described and an application is completed. • The completed application is reviewed for eligibility by the HNHC Housing Developer. Employment history, income and level of debt are reviewed for initial eligibility. Apparent application difficulties and strengths are reviewed. If no obvious disqualifying issues are identified, the applicants are asked to obtain a credit report. • The credit report is examined with the applicants. Any blemishes on the credit report are discussed and a plan of action is implemented to clear credit problems . If no difficulties are found, or when the problems are cleared up, the applicants are provided a list of HNHC houses which the applicants would be qualified to purchase, based on the total family income. • When the applicants have selected a home they would like to purchase, they are referred to Omaha 100, Inc. to complete the loan application process and secure permanent mortgage financing. • During the loan approval process, all income sources are identified and verified. The Housing to Income Ratio can not exceed 33% and the Debt to Income Ratio can not exceed 42% of the applicant's monthly income. • When all conditions are met and first mortgage financing is tentatively approved, the application is routed to the City Planning Department for a request for second mortgage deferred payment loan (DPL)financing approval. DPL Formula: The DPL request is for an amount which will reduce the purchase price of the house to an amount where the monthly housing payment of the first mortgage is less than or equal to 33% of the applicant's income. Under no circumstances does the DPL exceed $25,000.00 for newly constructed property or $15,000.00 for a home that was rehabilitated by HNHC. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr AP r i l 28 19 98 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG)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 Omaha City Council, on December 16, 1997, by Resolution No. 3397, approved the 1998 Consolidated Submission for Community Planning and Development Programs which included$200,000.00 FY98 CDBG Funds for the Holy Name Housing Corporation (HNHC)Kountze Park- Sacred Heart Infill Revolving Loan Fund Program; and, WHEREAS,the Holy Name Housing Corporation proposes to construct, and sell six to eight houses during the term of the Agreement; and, WHEREAS, the Holy Name Housing Corporation plans to provide mortgage financing to potential homeowners in the Target Area at an affordable rate; and, WHEREAS, the Kountze Park - Sacred Heart Infill Housing Target Area, an area defined by Pratt Street on the north, Maple Street on the south, 16th Street on the east, and 24th Street on the west, is an area of predominately low and moderate income residents; and, WHEREAS,a determination has been made that this Infill Housing Program provides housing which benefits low and moderate income persons or addresses slums and blighted conditions on a spot basis; and, WHEREAS, it is in the best interests of the citizens of the City of Omaha to initiate the construction of single family dwelling units in the Holy Name Housing Corporation Kountze Park- Sacred Heart Infill Housing Target Area. 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 April 2 8 19 9 8 PAGE 2 THAT,as recommended by the Mayor,the attached Agreement between the City of Omaha and the Holy Name Housing Corporation, a Nebraska Non-Profit Corporation, 3014 North 45th Street,Omaha,Nebraska 68104,for a Revolving Loan Fund in the total amount of$200,000.00 FY98 CDBG Funds for the construction and sale of six to eight new single family homes to low and moderate income persons in the Holy Name Housing Corporation Kountze Park - Sacred Heart Infill Housing Target Area, bounded by Pratt Street on the north,Maple Street on the south, 16th Street on the east, and 24th Street on the west, is hereby approved. Funds in the amount of$200,000.00 shall be paid from the Community Development Block Grant Fund No. 193,Organization No. 8320. APPROVED AS TO FORM: (17 /--/-. )/t) XA-M-0g ASSISTANT CITY ATTORNEY DATE P:\PLN2\5077.MAF By ��-- —*� • ember Adopted APR 2 1998 y Clerk Approved C Mayor , "i cc) bd `6,b 5 o y x"R Al' o Nx, -eAz K NW o 'ti C , O v ,1 O C r* a- a F, °r Oo o0p-� oOo ,, g. tz � P `( . O C p' ' • N N cn 1-1 CD ` °t' CDo � " o �Sri No wo-go , � o . , ro¢, 0 R ,, O n N a z o a., p z o oo CD oN- N-0 . — .-1- o o o CD `� as N2 o v) �aoco ' a F ' 'o � Cu ~ , R '-' -dO � oC teOooill otv C . • CD CD ' ' c z o ' O p. ovo oo o 5 h, zo O rn ,- o ,f 0 0yCD- OCDCD4 DCD7. CD p� CDO k< CD 0 CD CD 1-h P ) W CD G .'r