RES 1997-1369 - Agmt with Omaha Economic Development Corporation for construction of residential units Al ree.41.e.4
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City of Omaha
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves a loan agreement between the City of Omaha and the Omaha
Economic Development Corporation, a Nebraska Non-profit Corporation, Alvin M. Goodwin,
President, 2221 North 24th Street, Omaha, Nebraska 68110, for the construction of eight (8)
residential units in the area bounded by Hamilton Street on the north, Indiana Avenue on the south,
25th Street on the east, and Kellom Place Apartments on the west; and the subsequent rental of each
of the units to qualified low and moderate income families.
This Agreement provides construction financing for the project in the amount of$200,000.00 in the
form of a repayable loan comprised of FY 97 Community Development Block Grant(CDBG)funds.
Total project cost is estimated at $677,660.00. Sources of funds, in addition to the $200,000.00
CDBG Repayable Payment Loan, include a private lender loan in the amount of$100,000.00 and
$377,660.00 in equity.
The Owner shall comply with the Federal Fair Housing Act, as amended, and Section 504 of the
Rehabilitation Act of 1973, and construct the appropriate number of units accessible and adaptable
for persons having mobility, hearing or vision impairments.
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.
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Honorable President
and Members of the City Council
Page 2
We believe this project represents an innovative method of encouraging infill development and
expanding residential opportunities for low and moderate income families desiring to live in the
North Omaha Community.
Your favorable consideration of this Resolution will be appreciated.
Sincerely, Referred to City Council for Consideration:
I ,
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MOPlanning Director Date Mayor's Office/Title j ate
Approved: Approved:
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Louis A. D' rcole, Acting Director Date eorg vis, Jr., Acting Director Date
fitiF
finance Department Hum _ elations Department
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha and the Omaha
Economic Development Corporation,a Nebraska Non-profit Corporation(OEDC),2221 North 24th
Street, Omaha,Nebraska 68110, also referred to as "Developer", for the development of affordable
housing opportunities in the North Omaha community.
RECITALS:
WHEREAS, the City of Omaha (hereinafter referred to as "the City") is a municipal
corporation located in Douglas County,Nebraska and is organized and existing under the laws of
the State of Nebraska,and is authorized and empowered to exercise all powers conferred by the State
constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local
ordinances, including but not limited to, the power to contract; and,
WHEREAS,the City annually receives Community Development Block Grant funds under
Title I of the Housing and Community Development Act of 1974, as amended, for the purpose of
benefitting low and moderate income residents, eliminating slums and blight and for other urgent
community development needs; and,
WHEREAS, the City has initiated the Housing Development Program for the purpose of
encouraging construction of residential structures in the City; and,
WHEREAS,the Mayor recommended various projects in the 1997 Consolidated Submission
for Community Planning and Development Programs (Consolidated Plan) including the Kellom
Heights Multi-Family Housing Development Program; and,
WHEREAS,the City Council approved the 1997 Consolidated Plan on December 3, 1996,
by Resolution No. 3195; and,
WHEREAS, OEDC has submitted a proposal for the construction of eight residential units,
and supporting site amenities in the area bounded by Hamilton Street on the north, Indiana Avenue
on the south, 25th Street on the east, and Kellom Place Apartments on the west, Omaha,Nebraska;
and,
WHEREAS, it is in the best interests of the citizens of the City of Omaha to enter into an
Agreement with OEDC to promote additional reinvestment in the construction of residential units
on vacant parcels such as the site mentioned above.
IN CONSIDERATION of the mutual agreements herein contained, the parties hereto agree
as follows:
Section 1. Definitions
The following terms shall have the following meanings for all purposes of this Agreement.
1.1 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.2 "Developer" shall mean - Omaha Economic Development Corporation, a Nebraska
Non-profit Corporation of 2221 North 24th Street, Omaha, Nebraska 68110. (See
Exhibit A)
1.3 "Director" shall mean-the Planning Director of the City of Omaha.
1.4 "Construction Contract" shall mean - the contract for construction work at the site,
bounded by Hamilton Street on the north,Indiana Avenue on the south,25th Street on
the east and Kellom Place Apartments on the west, Omaha, Nebraska, as further
defined in Section 1.5.
1.5 "Property" or "Project Site" shall mean-the vacant site bounded by Hamilton Street
on the north, Indiana Avenue on the south, 25th Street on the east and Kellom Place
Apartments on the west, and legally described as Lot 1, Kellom Heights, an Addition
to the City of Omaha, as surveyed,platted and recorded in Douglas County,Nebraska,
together with improvements thereon.
1.6 "CDBG-Repayable Loan"shall mean-a non-recourse Community Development Block
Grant Loan in the amount of$200,000.00 made subject to the terms, conditions and
provisions of the loan agreement under which said loan is made,which shall provide,
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inter alia, that same shall be repayable in fifty (50) years from and after December 1,
1998, at the annual interest rate of 1% simple interest, with interest accrued from and
after December 1, 1998 and annual accruals of $2,000.00 each accumulating each
December 1 thereafter, through and including December 1, 2018. Such interest and
subsequent annual accruals of$2,000.00 are to be deferred for twenty (20)years and
added to the principal amount of $200,000.00 on December 1, 2018. Beginning
January 1, 2019, the loan balance of$240,000.00, together with interest at the rate of
1%per annum,will begin amortizing over the remaining 30 year term(360 payments)
with monthly payments of$771.93. The principal balance plus accrued interest shall
become due and payable upon sale or transfer of the property except as provided in
Paragraph 6.8 of this Agreement. The loan may only be used for the purposes
described herein.
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).
1.8 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving CDBG funds to undertake eligible activities. In this Agreement,
the Subrecipient is Omaha Economic Development Corporation.
1.9 "Recipient" shall mean-the City of Omaha.
1.10 "Program Income" shall mean - the 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 use. (See
Exhibit B)
1.11 "Construction Work" shall mean - the acquisition of scattered vacant lots within the.
Project Site described in Section 1.5 and all work or services provided for in
professional services or Construction Contracts and as may be required hereunder.
1.12 "CDBG Funds" shall mean-the portion of the Community Development Block Grant
awarded to the City as may be available during Program Year 1997 for use specified
herein, in an amount not to exceed $200,000.00 conditioned upon actual receipt of
same, for the purposes stated herein.
1.13 "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.
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Section 2. Duties and Conditions of City Financing
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to OEDC $200,000.00 in funds received for use in the program year
commencing January 1, 1997 under the CDBG program as hereinabove described and
defined. Funding shall be subject to the terms and conditions specified and contained
in this Agreement. The City will secure its CDBG Repayable Loan with a second deed
of trust subordinate to an amount not to exceed$100,000.00. The City shall insure that
OEDC repays the CDBG Repayable Loan upon sale, grant,mortgage, assignment or
other transfer of the property or portion thereof by OEDC, except as provided in
Paragraph 6.8 of this Agreement and in accordance with the Repayable Loan
Promissory Note (Exhibit M). Further, funding, which shall be in an amount not to
exceed $200,000.00 (CDBG) during FY 97, shall be used only for the following
purposes:
2.1.1. Architectural,engineering, legal, financial and administrative services for the
preparation of all design and construction documents and construction
supervision necessary for site preparation, the installation of public
improvements, and construction of eight residential units within the area
described in Section 1.5 of this Agreement. All contracts for services and
construction documents pursuant to this Section must be approved by the
Planning Director,prior to funding of such contract.
2.1.2 Partial construction financing for the eight unit apartment complex as follows:
A. The City shall provide the initial $22,140.00 required for
redevelopment costs (as set forth on Page 2 of Exhibit C). All
additional disbursements for construction financing shall be based on
the sources of funds schedule contained in Exhibit C to this Agreement.
2.1.3 City funding pursuant to this Section shall be contingent upon receipt of and
subject to availability of Community Development Block Grant funds in FY 97
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 OEDC as soon as
reasonably possible. At this time,the responsibilities of OEDC under Section
3 of this Agreement shall be released and the Agreement will be terminated.
2.1.4 Except for the initial $22,140.00 required for redevelopment costs as set forth
in Exhibit C, funds paying for contractual work shall be payable within the
limits of the budget as described in Exhibit C. In accordance with the
Director's prior approval,Performance Bonds and insurance, as required by the
Director, shall name the City as an additional insured.
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2.2 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.
2.3 The City shall review and monitor the quarterly reports that identify the
progress/accomplishments of OEDC, on the activities included in this Agreement and
on contracts entered into with third parties pursuant thereto.
2.4 After completion of construction,the property must comply with all appropriate City
codes and ordinances, and with Federal Section 8 Housing Quality Standards.
2.5 Except for the disbursement of$22,140.00 in CDBG funds for redevelopment costs as
set forth in Exhibit C, 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 OEDC has submitted for and received the approval of the
Director of all of the following:
2.5.1 evidence that OEDC funding is available as required by Section 3.5 herein;
and,
2.5.2 duly executed contracts for Construction Work; and,
2.5.3 Performance and Labor Materials Bonds from all subcontractors and/or
Irrevocable Letters of Credit in force for one year following the completion of
the Construction Work from the General Contractor and all Subcontractors in
an aggregate amount of the contract bid. The Letters of Credit and/or Bonds
shall be in favor of the City and shall be submitted for review and approval by
the Director. The City reserves the right to reject the Letters of Credit and
choice of surety for the Bonds.
2.6 Except for the initial $22,140.00 required for redevelopment costs as set forth in
Exhibit C, 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 OEDC has timely and fully complied with its
duties and obligations arising hereunder.
2.7 In the event that all of the terms and conditions for funding as set forth hereinabove
have been fully complied with,the City does hereby agree to make only those progress
payments as may be authorized to be paid by the Director or his designate upon receipt,
verification and approval of an American Institute of Architects Document G702
"Application and Certificate for Payment",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 :
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2.7.1 unacceptable or substandard; or.
2.7.2 not in accordance with this Agreement or the Construction Contract as
approved; or,
2.7.3 not in conformance with the applicable state, federal and local laws, including
but not limited to,the building, plumbing and/or electrical codes; or,
2.7.4 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 C of this Agreement.
2.8 The City agrees to provide OEDC funds, as described in Section 2.1 herein, to carry
out the services described herein for a period of twenty-four months from the time of
favorable consideration by the City Council.
2.9 The CDBG Repayable Loan shall be a non-recourse loan; therefore, in the event of a
default, the City shall rely solely upon the property which is secured by the deed of
trust which is the security for the non-recourse promissory note and will not initiate or
participate in any claim or proceedings against the maker of the non-recourse
promissory note or its partners (or the partners, officers, directors, or shareholders of
any partner) for payment of any sum due under the non-recourse promissory note or
any other sum due under the deed of trust.
Section 3. Duties and Responsibilities of OEDC
3.1 OEDC agrees to develop platted vacant lots in the Project Site described in Section 1.5
of this Agreement in conformance with the requirements contained herein.
3.2 OEDC shall be responsible for the security and maintenance of Property upon receipt
of the Warranty Deed from the City.
3.3 OEDC 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 eight apartments on the Property. As specified in
Section 2.1, OEDC shall obtain the approval of the Director of all contracts,plans,and
plats pursuant to this Section.
3.4 OEDC shall contract for and complete site preparation and construction of public
improvements as specified in Section 2.1. OEDC shall obtain the approval of the
Director for all construction contracts, prior to the start of such contracts.
3.5 OEDC shall secure private funds as described in Exhibit C. OEDC shall certify the
availability of these funds to the Director in a manner designated by him.
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3.6 OEDC 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 Property in strict compliance with this Agreement and the
Construction Contracts as approved, as well as the drawings and other specifications
as approved.
3.7 OEDC shall submit to the Director,for his review and approval, all working drawings,
plans and specifications necessary or incidental to this project. In addition, OEDC
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 expenditures of
whatsoever kind or nature unless same was expressly included in one or more of the
above-mentioned documents as approved.
3.8 OEDC 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 OEDC.
3.9 OEDC 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. OEDC further agrees to
abide by all Federal requirements regarding lead-based paint poison prevention.
3.10 OEDC agrees that 100% of the housing units shall be initially occupied by low and
moderate income families whose annual income does not exceed 80% of the "Median
Income by Family Size" 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 attached hereto, marked as Exhibit D and incorporated herein by
this reference.
3.11 OEDC shall maintain the Property in a safe and sanitary condition to the extent
reasonably possible during the construction and management phases of the project.
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3.12 OEDC 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(HQS)as established
by HUD. The Director shall assist OEDC in the same manner the Director provides
technical assistance to other developers during the construction phase to ensure
compliance with such requirements.
3.13 OEDC 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
OEDC.
3.14 OEDC 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.
3.15 OEDC shall submit to the Director,for his review and approval,a minority and women
business participation plan which discusses economic development and employment
opportunities. OEDC shall make best efforts to ensure that construction services,
contracts and employment opportunities are affirmatively marketed to women and
members of minority groups.
3.16 OEDC shall employ affirmative marketing procedures in the advertising and marketing
of completed residential units. In marketing, OEDC shall also confirm to the
nondiscrimination provisions as hereinafter set forth. Any such advertisements shall
receive the approval of the Director prior to their release.
3.17 OEDC 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 OEDC, 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 OEDC with any
contractor or subcontractor shall include this Section to ensure said access.
3.18 OEDC shall submit to the Director a certified audit of all construction costs including
developer and contractor costs. This audit shall be performed by a duly qualified
professional,whom shall first be approved by the Director in writing. This audit shall
be submitted to the Director for review and approval. The final amount of CDBG
assistance will be based on the audited costs. If the final project cost is less than the
estimated cost, the City and OEDC will share the cost savings proportionately.
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3.19 OEDC shall submit a monthly progress report to the City of Omaha, Director of
Planning. The progress report will delineate OEDC staff accomplishments for the
previous 30-day period.
3.20 OEDC 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. A copy of this audit shall be provided to the Director.
OMB Circular A-133 is attached as Exhibit E.
3.21 OEDC shall ensure that the residential development conforms to City housing and
zoning ordinances. OEDC shall carry out all construction in an efficient manner.
3.22 OEDC shall comply with and ensure that applicable bid documents, contracts, and
subcontracts for site preparation and public improvements contain the Federal labor
standards provisions and the applicable Department of Labor wage determination and
that no contractor is ineligible for Federally assisted work. The wage determination
may be modified to keep it current. All actions modifying a general wage
determination applies, if notice of such action is published less than 10 days before
contract award. The City will send these modifications to OEDC (Exhibit F).
3.23 OEDC 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 OEDC further agrees to indemnify and hold harmless the City of
Omaha for any liability arising out of the improper use of the information provided.
3.24 OEDC shall maintain fiscal integrity of the program, which include all financial and
narrative reports required by the City of Omaha and the U.S. Department of Housing
and Urban Development.
3.25 OEDC 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 Property, OEDC shall have no further responsibility under the
terms of the Agreement, except to return any unobligated CDBG funds, if any,
provided to OEDC under this Agreement.
3.26 OEDC shall execute any and all documents necessary to establish covenants to effect
the purposes of this Agreement that shall run with the land.
3.27 OEDC shall execute a non-recourse promissory note and deed of trust for the benefit
of the City of Omaha securing the CDBG Repayable Loan.
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3.28 OEDC shall comply with the Federal Fair Housing Act, as amended, and Section 504
of the Rehabilitation Act of 1973, and construct the appropriate number of units
accessible and adaptable for persons having mobility, hearing or vision impairments.
Section 4. Terms of the Agreement
This Agreement shall be effective for a period of twenty-four months from the time of
favorable consideration by the City Council.
Section 5. Mutual Agreements
OEDC agrees, and the City states, that the City:
5.1 Is not acting as OEDC's architect or engineer.
5.2 Makes no warranties, express or implied, as to the Construction Work.
5.3 Owes no duty to OEDC or any other person that shall arise because of any inspection
of the premises by the City's agents or employees.
5.4 May inspect the Property at any reasonable time, including a final inspection,to certify
completion prior to final disbursement of loan proceeds.
5.5 Shall be held harmless by OEDC for all injury and damages arising by virtue of this
Agreement.
5.6 OEDC shall execute at closing covenants securing compliance with Federal regulations
governing CDBG programs.
Section 6. Provisions of the Agreement
6.1 Equal Employment Opportunity/Affirmative Action Plan. Attached hereto as Exhibits
"G" and"H" and made a part hereof by reference are the equal employment provisions
of this Agreement.
6.2 Non-Discrimination. OEDC shall not in the performance of this Agreement,
discriminate or permit discrimination in violation of race, color, sex, age, political or
religious opinions, affiliations, national origin, familial status or handicap.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
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6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable city ordinances, resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct or
indirect, in any City Agreement. Any violation of this section with the knowledge of
the person or corporation contracting with the City shall render the Agreement voidable
by the Mayor or the City Council.
6.6 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. OEDC may assign its rights and/or obligations under this Agreement to
a Nebraska Limited Partnership, so long as OEDC remains a general partner. Such
assignment shall be in form substantially similar to the form attached hereto as
Exhibit I. Upon any such assignment,the said assignee shall be the sole obligor on a
non-recourse basis with respect to the assignee and all of its partners/members with
respect to this Agreement and the CDBG Repayable Loan. The assignee shall annually
provide the Mayor with a list of its limited partners/members and the percentage of
investments in the assignee of each limited partner/member.
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 officer of the
parties, pursuant to Section 10-142 of the Omaha Municipal Code.
6.10 Termination. This Agreement may also be suspended or terminated in accordance with
24 CFR 85.43,Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit
J). 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.
6.11 Subrecipients. OEDC shall comply with the requirements and standards of OMB
Circular No. A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit K).
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6.12 Other Program Requirements. OEDC 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 L).
6.13 Reversion of Assets. Upon the expiration of this Agreement, OEDC 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 OEDC shall indemnify and hold the City harmless from and against: (1) any and all
claims arising from contracts between OEDC 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, OEDC 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 OEDC 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. OEDC shall certify and disclose,to the best of its knowledge
and belief,that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned,to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment
or modification of any Federal contract, grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
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Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
(1) City of Omaha
Planning Director
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(2) Developer:
Omaha Economic Development Corporation, a
Nebraska Non-Profit Corporation
Alvin M. Goodwin, President
2221 North 24th Street
Omaha,Nebraska 68110
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below: •,
ATTEST: CITY OF .•
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CI CLERK—. .{. --OF "1 APPYTY OF OMAHA MAY R OF THE CITY OF OMAHA D T '7
OMAHA ECONOMIC DEVELOPMENT
CORPORATION,A NEBRASKA
NON-PROFIT CORPORATION
By: ar-.; 1
Alvin M. Goodwin,President
S/7,1??
Date
ACKNOWLEDGEMENT
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
The foregoing Agreement was acknowledged before me this le day of % / 1Cc.i ,
19 '/1, by Alvin M. Goodwin,President, Omaha Economic Development Corporation, on behalf
of the Corporation.
6ENERAI NOTARY-Me of Nebr j� (� , �
egienDAISY L YOUNG G��"�`�
My Corm Exp.Apfp�me Notary Public (j
APPROV AS TO F
%Li _ ( 4,,,, /7, d?(.-Yr
ASSISTANT CITY ATTORNEY DATE
P:\PLN2\2950.PJM
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SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.1 Articles of Incorporation - Omaha Economic
Development Corporation, Corporation Resolution,
List of Board Members
B 1.10 Definition-Program Income
C 2.1.2, 2.1.4, 2.5 Project Pro-Forma and Development Schedule,
2.6 2.7, 3.5 Predevelopment Costs
D 3.10 Median Income by Family Size
E 3.20 OMB Circular No. A-133
F 3.22 Davis-Bacon Wage Determination
G 6.1 Equal Employment Opportunity Clause
H 6.1 Affirmative Action Plan
I 6.8 Assignment
J 6.10 Termination - CFR 85.43 and CFR 85.44
K 6.11 OMB Circular No. A-122
L 6.12 Other Program Requirements - Handbook 6500,
Subpart K
M 2.1 Repayable Loan Promissory Note
Note: Regulations identified a exhibits and referenced herein as Exhibits B, D, E, G, H. J, K, and
L, are made a part hereof by reference and are a part of the provisions of the Agreement.
P:\PLN2\2951.PJM
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STATE 01 I V',. . /;f�_rl: NL�BRRASK.A
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• i7' epartateut 11f -Iate •
CERTIFICATE OF I IICORPOP.A i ION
1, l l[L Lt J. iiiIrrriltatttl. -rcretur J 11f5tati' of 11?e
iatt' of NeGralil;a II ti IlrrrlIJ rertif j /fiat- .
Articles of Incorporat ion 'of
OMAhA Eco.IOMIC DILVELurtLLN'r COItl'OP.ATIOU
•n whose registered ristered of 1cc- Is luc3t._ In .
Omaha, Hebra:,1 . were CI led 1n
this office as a notfprot•tt corporation on
•
November 8, . 1977 , anti recorded on Film
Roll Ho. 77-18 at Page 'lo. 484 , Miscellaneous
- Incorporatlons. ,
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Exhibi `•,
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till:, I I..: uu.1. t :,t.Jn1 •I r..11 ut .l l 1,er ..oit:. of the aye of .
twenty-one yt.•.0 :. 4.1 mole, at_I I n.j .1:, 111eorllura t oru of a
corporation url.:.:t tilt: tivrl-I t.,t 11 t:urputation Act of the State
of Nebraska, adopt the following Article:; of incorporation
for such corporation:
ARTICLE 1 .
The name of the corporation is Omaha Economic •
Development Corporation. •
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ARTICLE II
The period of the corporation's duration is perpetual.
ARTICLE: III
The purposes for which this Corporation is formed are
exclusively charitable, scientific and educational and consist
of the following:
(1) To raise the economic, educational and social
levels of underprivileged residents of the minority and low-
income community in the metropolitan area ofOmaha, Nebraska,
and other underprivileged groups, which have substantial
unemployment or low-income minority families, to foster and
promote community-wide interest and concern for the problems
of such community to the end that (a) racial tensions, prejudice,
and discrimination, economic and otherwise, may be eliminated;
(b) sickness, poverty and crime may be lessened; and (c) educa-
tional and economic opportunities may be expanded among the
residents of such communities.
(2) To expand the opportunities available to said
residents and groups to own, manage, and operate business enter-
prises by furthering the development of locally-owned or -operated
business enterprises in economically underprivileged or depressed
areas; to assist said residents and groups in developing entre-
preneurial and raw...gel'.ent skills necessary for the successful
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tot' t1..• ..... . . ...1..1 t.l...:t ..l I.nt ul l.u:.l.... . . .•.ttt•. I•. tom.: by ....ttl
resident.. a.••1 •jt..ul.:. ..u.l to .t:.:-i:.l s..itl anti ytwtt...
in obtaining :.uclt financial :.utq,.,II from other St,tlrt:e5.
(3) To expand th.c op).or tut.i l t.•:: available to said -
residents and groan:: to obtain adequate low-cult hout.ing
accutnoda l jolt ..
(4) To aid, support and assist by gifts, contribu-
tions or otherwise, other corporations, community chests, funds
and foundation:: organized and operated exclusively for charit-
- able, religious, scientific, literary or educational purposes,
no part of the net earnings of which inures to the benefit of
any private shareholder or individual, and no substantial part .
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of the activities of which is carrying -on propaganda, or other-
wise attempting to influence legislation. • -
(5) To do any and all lawful activities which may
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be necessary, useful or desirable for the furtherance, accom-
plishment, fostering or attainment of the foregoing purposes,
either directly or indirectly, and either alone or in conjunc-
•
tion or cooperation with others, whether such others be persons
or organizations of any kind or nature, such as corporations,
firms, associations, trusts, institutions, foundations, or
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governmental bureaus, departments or agencies.
ARTICLE IV
The corporation shall exercise all rights and powers •
conferred upon corporations formed under the Non-Profit
Corporation Act of the State of Nebraska, provided, that such
rights and powers shall be exercised exclusively for the
charitable, scientific and educational purposes of the
Corporation in such manner that the Corporation shall qualify
as an exempt organization under Section 501 (c) (3) of the
Internal Revenue Code and the Nebraska Non-Profit Corporation
Act, as they are currently and shall hereafter be in force and
• effect.
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N.. :.u1. .t..1.1 ...I 1.... t ul the .+.:1 .vt1 .. •. vt lilt:
(•i+t I•t...it t..n :.I...I 1 1..• 1 1..- L.+t t y..+•1 on III I..tq. .•L.n.la, Ur other-
wisy atI.•mi•tiu.j to tnllu. n.'t l.gi:.I..tir.0 and ll..• Curt,u.ation
Sh.t11 not p..rt ictt•.+ty ,n, of intl:lvc:uc! in, any political
campaign on I,eh..l t of any ca..d i.la I t.: for public office. Not-
withstanding any other provisions ofthese Articles, the
Corporation shall not carry or. any other activities not per-
mitted to be carried on by a corporation exempt from federal '
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and state income taxes under Section 501(c) (3) of the Internal
Revenue Code of 1954 and the Nebraska Non-Profit Corporation
Act as the same may be amended from time to time.
• ARTICLE VI
The address of the corporation's initial registered
office is 5620 Ames Avenue, Omaha, Nebraska 68104
and the name of its initial registered agent at such address
is William C. Moore.
• ARTICLE VII •
The number of directors constituting the initial
Board of Directors shall be three (3) and the names and street
addresses of the persons who are to serve as initial directors
are as follows:
William C. Moore 9606 North 29 Street
Omaha, Nebraska 68112
Alvin M. Goodwin 4905 Manderson Street
Omaha, Nebraska 68104
Herbert M. Patten 5510 Camden Avenue
Omaha, Nebraska 68104
ARTICLE VIII
• The authorized number and qualifications of Members .
of the Corporation, the different classes of membership if any,
the property. voting and other rights and privileges of Members
and their liability to dues and assessments and the method of
collection thereof, shall be as set forth in the Bylaws.
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(II. .0 a l t:.:.t•I ut 1.•n 1.I 1 t.t..I I .•1•.ttf..1 lbtt of the
CorpOtdtl..tt• flit.: Itt...t•I .•I Itit .•Clt.t :. :.l..ill , attar paying or "
making pruvi:.it.n Lot th.• 1•.•ymt:ut t.t ..11 of the liabilities of
the cot port t it.n, di:a.ot.c of ail of the as:.e is of the corpora-
tion exclusively fat the lu.tl.os.::, of the corporation in such •
manner, or to such organization or organizations organized .
and operated exclusively tor charitable, educational.
religious or scientific putposes as shall at the time qualify
as an exempt organization or organizations under Section
501(c) (3) of the Internal Revenue Code of 1954 (or the corres •
-
ponding provision of any future United States Internal Revenue
Law) , as the Board of Directors shall determine_ •
ARTICLE X
Any person made or threatened to be -made a party
to any action, suit or proceeding by reason of the fact that
he is or was a Director or Officer of the Corporation shall be
indemnified by the Corporation against any and all liability
and the reasonable expenses, including attorneys' fees and
disbursements, incurred by him in connection with the defense
or settlement of such action, suit or proceeding, or in con-
nection with any appearance therein, except in relation to
matters as to which it shall be adjudged in such action, suit
or proceeding that such Director or Officer is liable for
negligence or misconduct in the performance of his duties.
Such right of indemnification shall not be deemed exclusive
of any other rights to which such Director or Officer may be
entitled apart from this Article.
ARTICLE XI
The name:: and street addresses of the incorporators
are as fullot-.:.: •
Thomas U. Stalnakcr 3535 Varney Street
Omaha, Nebraska 68131
TI.on.a:, C. I.aur i t taen 3535 Varney Street
Omaha, Nebraska 68131
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• EXHIBIT l I-II. 1•I rung.
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Stuln..kei —
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Thomas C. Lauritsen
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Omaha Economic Development Corporation
CERTIFICATE OF CORPORATE RESOLUTION
I, Charlotte Shropshire, do hereby certify that I am the duly elected Secretary of
Omaha Economic Development Corporation, a Nebraska non-profit corporation authorized
to do business in the State of Nebraska, and that the following is a copy of the Resolution
adopted at a meeting of the Board of Directors of said corporation, held on November 21,
1996:
WHEREAS, Omaha Economic Development Corporation is committed to the
development of residential units to provide affordable residential units to qualified
low-income families, and
WHEREAS, the Corporation and the City of Omaha have negotiated an
Agreement for the construction of 8 residential units for qualified low-income
families at 25th & Caldwell Street, Omaha, Nebraska;
NOW THEREFORE,BE IT RESOLVED that the corporation does hereby agree
to enter into an Agreement with the City of Omaha for the construction of 8
residential units for qualified low-income families at 25th & Caldwell Street,
Omaha, Nebraska, which Agreement can be assignable, and
IT IS FURTHER RESOLVED that Alvin M. Goodwin, President of the
Corporation, be, and he hereby is, authorized to take all such actions, including the
execution of an Agreement and any security documents in favor of the City of
Omaha and the assignment of such Agreement, as shall be necessary or appropriate
to carry out the purpose of this Resolution.
I do hereby further certify that since the adoption of said Resolution, it has been
neither revoked nor amended; and
I do hereby further certify that on September 26, 1996, Alvin M. Goodwin, was
elected President, and that on September 26, 1996, Charlotte Shropshire was elected
Secretary, and that they have been since that date and are now respectively, President and
Secretary of Omaha Economic Development Corporation.
Witness my hand and the seal of Omaha Economic Development Corporation
this 7 day of March, 1997.
Charlotte Shropshire, Sec etary
2221 North 24th Street • Omaha, Nebraska 68110 • (402) 346-2300 �:
Omaha Economic Development Corporation
OEDC Board of Directors Roster
Herbert L. Davis (Chairman) . Jack Neneman (Treasurer) •
Larry Station (Vice-President) Charlotte Shropshire (Secretary)
Camel! Deason Larry Gomez
John Hamler Lee Lazure
Rev. Wilkinson Harper Lillian Burkhalter
ff
24thStreet • Omaha, Nebraska 68110 • (402) 346-2300
2221 North �,-
dev budget-east
E h , NC_ "
Kellom East
Development Budget
3/20/97
Source of Funds:
Equity $377,660
Mortgage Loan 100,000
CDBG Loan-City of Omaha 200,000
Total $677,660
Aplication of Funds:
Construction costs $499,100
Construction contingency 49,900
Architect 6,700
Engineer 2,000
Construction insurance 1,340
Construction interest 4,125
Loan fee-construction 1,500
Construction period taxes 125
Tax credit fees 3,490
Appraisal 1,000
Environmental 400
Developer Overhead 50,000
Title and recording 2,330
Loan fee-permanent 1,000
Bridge loan expense 5,800
Legal-lender 2,500
Legal-tax opinion 12,500
Legal-organizational 5,000
Accounting and audit 6,400
Rent-up reserve 3,500
Operating Reserve 18,950
Total $677,660
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Page 1 ,.....
Amatzl
Omaha Economic Development Corporation
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Kellom East Development
25th and Caldwell Street
Omaha, NE 68131
Pre-Development Costs
Architect/Engineering Fees $10,800
Legal 5,000
Soil Testing & Environmental 1,850
Appraiser 1,000
Tax Credit Fees 3,490
Total $22,140
2221 North 24th Street • Omaha, Nebraska 68110 • (402) 346-2300 • ---
.:.
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,wi" U.S.Department of Housing and Urban Development
ry
*I i I 1I II *• Kansas/Missouri State Office
d Gateway Tower II,Labor Relations
..e•'' 400 State Avenue,Room 500
Kansas City,KS 66101-2406
April 15, 1997 Ex h i b► + ' F
DAVIS-BACON WAGE DETERMINATION TRANSMITTAL
TO: Pat Evans
City of Omaha
1819 Farnam Street, Suite 1111
Omaha, NE 68183
FROM: Frank C. Bustamante, Director, Labor Relations, 7ASRL
SUBJECT: Wage Determination Number: NE970009 dttRigiztaff N6/-t14, NTO d 1 d4d 4-L�_q 7
Project Number/Identification: CDBG
Kellom East Apts. - New construction 3 story- 8 Units.
Program: Community Development Block Grant (CDBG)
- x Initial issuance of wage determination
- _ Issuance of subsequent Modification to my transmittal dated
- Issuance of a New Calendar Year wage determination
- _ Reissuance (to replace a previous determination)
Number(s) and publication date(s):
Grantee responsibilities are explained in the Labor Standards Handbook, 1344.1, REV-1, CH-1. Examples
regarding this wage determination include:
- Use and effectiveness of wage determinations (Paragraph 2-5).
- Requesting additional worker classification (Paragraph 2-6).
- Insuring that the wage determination and the labor standards provisions, HUD-4010,
are included in the contract, subcontracts, and bid documents (Paragraph 2-7).
- Posting of the wage determination and the "Notice to all Employees" (Paragraphs 2-8 and 3-2a).
Modifications to this general wage determination will not be mailed routinely. To verify if this
general wage determination is current, please CONTACT this office not less than ten (10) days prior to
bid opening date.
Please complete and submit, to the Labor Relations Office, the enclosed"Notice of Start of Construction"
within ten (10) days after the contract is awarded.
Contact Jack Phillips or Barbara Chris-McGonagle, of the Labor Relations Office, at (913) 551-6881,
immediately if there are any questions.
jam, fit_ .
General Decision Number NE970009
Superseded General Decision No. NE960009 F K A t , ' " '1
State: Nebraska
Construction Type:
RESIDENTIAL
County(ies) :
CASS DOUGLAS SARPY
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories)
Modification Number Publication Date
0 02/14/1997
1 04/04/1997
NE970009 Page: 1 ��
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COUNTY(ies) :
CASS DOUGLAS SARPY
BRNE0001I 06/01/1996
Rates Fringes
CASS COUNTY:
BRICKLAYER:
East of Hwy. #50 and north of
Hwy. #66 17.27 4.355
West of Hwy. #50 and south of
Hwy. #66 :
Work on power plants, ethanol
plants, food processing plants
and heavy industrial plants
(i.e. , automotive
manufacturing plants or
similar facilities) 17.27 4 .355
All other work 17 .275 3.00
BRNE0001J 06/01/1996
Rates Fringes
DOUGLAS AND SARPY COUNTIES:
BRICKLAYER 17 .27 4 .355
CARP0444C 10/01/1995
Rates Fringes
CARPENTERS:
Carpenter; Piledriver 14 .95 2.96
* ELEC0022E 04/01/1997
Rates Fringes
ELECTRICIAN:
Work on single family homes
and apartments up to and
including 3 stories 13.68 3.5% + 3.35
ELEC0022G 06/01/1996
Rates Fringes
ELECTRICIAN:
Work on 4-story apartment buildings 20.00 3.5% + 5.89
PLAS0538B 10/01/1996
Rates Fringes
CEMENT MASON 15.73 3.78
NE970009 Page: 2
- PLUM0016E 06/01/1996
Rates Fringes
• PLUMBER 21. 17 5.05
SUNE4003A 06/01/1984
Rates Fringes
DRYWALL:
Hanger 13 .57 2. 10
Finisher & taper 8.64
INSULATOR 11.21
IRONWORKER 13 .00 2.00
LABORERS:
General 10 .41 1.80
Mason tender 10 .585 1.80
PAINTER 10 .00
POWER EQUIPMENT OPERATORS:
Loader 13 .49
SHEET METAL WORKER 11.89 1.34
TRUCK DRIVER 10.27
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5 .5 (a) ( 1) (v) ) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates . Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
NE970009 Page: 3 > •
zv
.Davis-Bacon survey program. If the response from this initial
' _ • contact is not satisfactory, then the process described in 2. )
and 3 . ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2 . ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
NE970009 Page: 4
Federal Labor Standards Provisions U.S. Department el Housing 104�
and Urban Development
1 -
Atb-ty
The Project or Program to which the construction work covered by this HUO or its designee shall refer the questions including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee-to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative.will issue a determination within 30 days of receipt and so advise
A.1.(I)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day. ..
ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.)
of the project).will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph.shall
•
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con-
Secretary of Labor under the Copeland Act(29 CFR Part 3),Tie full amount tract from the first day on which work is performed in the c egsification.
of wages and bona tide fringe benefits(or casn equivalents thereof)due at (fii)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not
wage determination of the Secretary of Lacier which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
made a part hereof,regardless of any contractual relationship which may stated in me wage determination or shall pay another bona tide fnnge
tie alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third
fide fringe benefits under Section 1(bX2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer or
of laborers or mechanics are considered wages paid to sucn laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics.subject to the provisions of 29 CFR-5.5(a1(1Xiv):also,regular bona fide fnnge oenefits under a plan or program.Provided.That the .
contributions mace or costs incurred for more than a we��penrd(u Secretary
cretat the applicable stanf Larior has d
ards found.nd of on the written n Davis-Bacon request ct the have been contractor.
The
not less often than quarterly)under plans funds,or prop
the particular weekly period,are deemed to be constructively made or Secretary of Laoor may require the contractor to set aside in a separate
incurred during such weekly period. account assets for the meeting of obligations under me plan or program.
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control
and fringe benefits on the wage determination for the classification of work Number 1215-0140.)
actually performed.without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon
Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at lie rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or
ion for the time actually worked therein:Provided.That the employer's pay- any otter Federal contract with the same prime contractor.or any other
roll records accurately set forth the time spent in each classification in - Federally-assisted contract subject to Davis-Bacon prevailing wage
wnich work is performed.The wage determination(including any additional requirements.which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(a)(1 ii and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices trainees and helps.
tractor and its subcontractors at the site of the work in a prominent and employed by me contractor or any subcontractor the full amountf oero(wages
accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any
(ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and which is to be employed under the contract shall on the site of me work(or under the United States Housing Act of 1937 or
tie classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
aoorove an additional classification and wage rate and fringe benefits project).all or part of the wages required by the contras.HUD or its desig-
therefore only when me following criteria have been met nee may.after written notice to the contractor,sponsor.applicant or owne'.
(1)The work to be performed by tee classification requested is not take such aeon as may be necessary to cause the suspension of any
performed by a classification in the wage determination:and further payment advance,or guarantee of funds until such violations have
r.dis-
(2)The classification is utilized in the area by the construction bury such amounts withheld for and HUO or its designee may, er on accccounttice to Me of me contractor or industry:and
sub-
(3)The proposed wage rate.including any bona fide fringe bene- contractor to me respective employees to whom they are due.The Comp-
tits.bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct
Davis-Bacon Act contracts.
.vage cetermination.it the con. Pa and basic records.Payrolls and basic records relating
(b)If the contractor and the laoorers and mechanics to be employed 3.(Q y^�
.n the classification(if known).or Mee representatives,arc HUD or its thereto shall be maintained by the contractor during the course of the wore
designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laoorers and
designated for fnnge benefits where appropnate).a report of the action mechanics working at the site of the work(or under the United States
taken shall be sent oy HUO or its designee to the Administrator of the WageHHor using Act snt 937.of the or
uprnder
the Such using Actg s shall Contain the name,of 1949,in Me construction
and Hour Division,Employment Sandaras Administration.U.S Department
of Labor,Washington.O.C.20210.The Administrator,or an authorized address.and social security number of each such worker,his or her car-
represenative.will approve.modify.or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contnbu-
uivalents
oabon action within 30t days of receipt and so advisea HUD
Mat�ad designee
nal thereof of the types descr for
bed in Section 1(bX2)B))off the Da ss or cash-b.con Act).
or will notify HUO or its designee within the 30-day Pell
lame is necessary.(Approved by the Office of Management and Budget daily and weekly paid.Whenever number
fS hours
wryorkofed,
deductionsor made
and
r 29 CFR 5.5
ges
under OMB controlevnumber 1215-0140.),M
(c)In the event the contractor,the laborers or mechanics to be (a)(1)(iv)that me wages of any laborer or mechanic include the amount of
employed in the classification or their representatives.and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act the contractor
(including the amount designated for fringe benefits.where appropriate). shall maintain records which show that the commitment to provide such
HUD-4O10(2.844
Previous Edition is Obsolete (NB 1344., l
. I:tansies is cnforceacre.that the plan or program is financially responsible. apprentice.The allowable ratio of apprentices to journeymen on the job site
• .and that.the plan or program has been communicated in writing to the- in any craft classification shall not be greater than the rano cermttted to the
laborers or mechanics affected,and records which show the costs antiei-. ; contractor as t0 the entire work force under the registered erogram..Any
pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate.wno is not registered i
. employing apprentices or trainees under approved programs shall maintain ... or otherwise employed as stated above.shall be pars not less than the
written evidence of the registration of apprenticeship programs and certifi- , applicable wage rate on the wage determination for me classification of
cation of trainee programs,the registration of the apprentices and trainees. work actually performed.In addition,any apprentice performing work on
and the ratios and wage rates prescribed in the applicable programs the lob site in excess at the ratio permitted under the reg:steredprogram
(Approved by the Office of Management and Budget under OMB Control.. . shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) • .-. .. nation for the work actually performed.Where a contractor is performing
u (a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than at in whim its program is
contract work is performed a copy of all payrolls to HUD or its designee it registered,the ratios and wage rates(expressed in percentages of the four-
the agency is a party to the contract but if the agency is not such a party. neyman's hourly rate)specified in the contractor's or subcontractor's regis-
the contractor will submit the payrolls to the applicant.sponsor,or owner. tered program snail be observed.Every apprenctice must be paid at not
as the case may be.for transmission to HUD or its designee.The payrolls less man the rate specified in the registered program fcr the apprentices
submitted snail set out accurately and completely all of the information level of progress.expressed as a percentage of the journeymen hourly rate
required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information. specified in the applicable wage determination.Apprentices shall be paid
may be submitted in arty form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship
for this purpose and may be purchased from the Superintendent of Docu- program.It the apprenticeship program does not specify fringe benefits.
merits(Federal Stocx Number 029-CC5-00014-1).U.S.Government Printing apprentices must be paid the full amount of fringe tenefit::steel on the
Office.Washington.CC.20402.The prime contractor is responsible for the wage determination for the applicable classification.It the,.dmintstrator
submission of copies of payrolls by all subcontractors.(Approved by the determines=at a different practice prevails for the accucacle apprentice
Office of Management and Budget under OMB Control Number classification. fringes shall be paid in accordance with teat oetermination.In
1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren-
(b)Each payroll submitted snail be accompanied by a"Statement of ticesnip Agercy recognized by the Bureau.withdraws approval of an
Compliance."signed by the contractor or suocbntractor or his or her agent apprenticesr.io program,the contractor will no longer ce cermired to utilize
who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate ler he work
contract and shall certify the following: performed until an acceptable program is approved.
. (1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16.trainees will not be
requ;red to be maintained under 29 CFR Part 5.5(a1(3)(i)and that such permitted to work at less than the predetermined rate for-e work per-
i n formation is correct and complete: formed unless they are employed pursuant to and incivicr aily registered in
(2)That each laborer or mechanic(including each helper. a program wricn has received prior approval.evidenced_y!canal certifi-
apprentice.and trainee)employed on the contract during the payroll period cation by me U.S.Ceparment of Labor.Employment ar.c Training Admtni-
Itas been paid the full weekly wages earned.without rebate.either directly stration.The rano of trainees to journeymen on the;co sire snail not be
or indirectly.and that no deductions have been made either directly or indi- greater than ;ermined under the plan approved by the E.mctcyment and
rectfy from the full wages earned.other than pemtissable deductions as set Training Administration.Every trainee must be paid at not less titan the rate
forth in 29 CFR Part 3: specified in the approved program for the trainees level of progress.
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate scecfied in the
applicable wage rates and fringe benefits or cash equivalents for the teas- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed as specified in the applicable wage determine- accordance wpm the provisions of the trainee program.if the trainee pro-
ton incorporated into the contract - • gram does not mention fringe benefits,trainees shall be cats Me full
(c)The weekly submission el a properly executed certification set amount of fringe benefits listed on the wage determination unless the
forth on me reverse side of Optional Form WH-347 snail satisfy the Administrator of the Wage and Hour Division determines that where is an
requirement for submission of the'Statement of Compliance'required by apprenucesn:o program associated wen the corresponding;curneyrnan
paragraph A.3.1ii)(b)of this section. wage rate cn,he wage determination which provides fcr less than full
(d)The falsification of any of the above certifications may subject the fringe benefitns for apprentices.Any employee listed on the r,ayroll at a
contractor or subcontractor to civil or criminal prosecution under Section trainee rate wno is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approveatty me Employment and Training Administration snail be paid not
(TM The contractor or subcontractor shall make me records required less than the applicable wage rate on the wage determiratcn for the work
under paragraph A.3.(i)of this section available for inspection.copying,or actually performed.In addition.any trainee performing wcrx on the job site
transcription by aumonzed representatives of HUO or its designee or the in excess cf me ratio permitted under the registered grogram shall be paid
Department of labor.and shall permit such representatives to interview- not!ess than me applicable wage rate on the wage determination for the
employees during working hours on the job.If the contractor or subcon- work ac::ally performed.In the event the Employment arc Training Admin-
tractor fails to submit the required records or to make them available.HUD istration withdraws approval of a training program,the contractor will no
or its designee may.alter written notice to the contractor.sponsor.appli- longer be:emitted to utilize trainees at less man the aecticacle predeter-
cant or owner.take such action as may be necessary to cause the sus- mined rate for tire work performed until an acceptaote program is
pension of any furrier payment,advance,or guarantee of funds.Further- approved.
:note.failure to submit the required records upon request or to make such (iii) Ecual employment opportunity.The utilization ct apprentices.
records available may be grounds for debarment action pursuant to 29 trainees and;cumeymen under this part shall be in confer^try with the
CFR Part 5.12. equal emptcyrrent opportunity requirement of Executive Cider 11246.as
4.(I)Apprentices and Trainees.Apprentices Apprentices will be per- amended.are 29 CFR Part 30.
mined to work at less than the predeterminee rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with me requirements of 29 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in his contract
Labor;Employment and Training Administration.Bureau of Apprenticeship 6.Subcortt:acts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts Me clauses contained in 29 CFR 5.5(a)(1)through(10)and such
B ureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program,who is require.and also a clause requiring the subcontractors to include these
not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible fcr the compliance by any subcontractor or lower tier subcon-
where appropriate)to be eligible for probationary employment as an tractor with ail the contract clauses in 29 CFR Part 5.5.
HU0-4010(2-84)
• •• 7.Contracts ter ninatiorc debarment A breach of the contract Gauses in compensation at a rate not less than one and one-hhalf times the
basic rate of pay for all hours worked in excess of forty hours
29 CFR 5.5 may be grounds for termination of the contract•and for debar- in such workweek.
merit as a contractor and a subcontractor as provided in 29 CFR 5.12. M
8.Compliance with Davis-Bacon and Related Act Requirements.AU rut- (2)Violation;liability for unpaid wages:liquidated damages.In the
ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this
•
29 CFR Parts 1.3.and 5 are herein incorporated by reference in this paragraph.Me contractor and any subcontractor responsible therefor snail
contract • be liable for the unpaid wages.In addition,such contractor and subcon-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done ode-
standards provisions of this contract shall not be subject to the general • contract for the District of Columbia or a territory,to such District or to such
disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be corn- .
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic.including
Parts 5.6.and 7.Disputes within the meaning of this clause include die- watchmen and guards employed in violation of the clause set forth in sub-
putes between the contractor(or any of its subcontractors)and HUO or its paragraph(1)of this paragraph.in the sum of S10 for each calendar day on
designee,the U.S.Department of Labor.or the employees or their which such individual was required or permitted to work in excess of
representatives. the standard workweek of forty hours without payment
overtime wages required by the clause set forth in subpara-
10.(i)Certification of Eligibility.By entering into this contract the con- graph (1) of this paragraph.
tractor certifies that neither it(nor he or she)nor any person or firm who
has an interest in the contractors firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its
awarded Government contract by virtue of Sec ..(Seaton 3 a)of the Davis- designee snail upon its own action or upon wntten request cf an autho-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to oe
pate in HUD programs pursuant to 24 CFR Part 24. withheld.from any moneys payable on account of work performed by the
(it)No part of tuts contract shall be subcontracted to arty person or firm contractor or subcontractor under any such contract or any other Feceral
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act whch
or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same pnme contractor such sums as may be determinedto
(iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor
Criminal Code.18 U.S.C.1001.Ado:tonally.J.S.Crimnal Code.Section for unpaid wages and liquidated damages as provided in the cause set .
1010.Title 18.U.S.C.._Federal Housing Administration transactions".pro- . forth in sucoaragraph(2)of this paragraph.
vibes in part"Whoever,for the purpose of
. . .infuencin9any tr in way the (4)Subcontracts.The contractor or subcontractor snail:risen I n any
action of such Administration. . . makes,utters or publishes any statement subcontracs the clauses set forth in subparagraph(1)trircugn i4)of th i s
knowing the same to be false. . . shall be fined not more than 55.000 or paragraon and also a clause requiring the subcontractors to include:ne:e
imprisoned not more than two years.or both." clauses in any lower tier subcontracts.The prime contractor snail be
11.Complaints. Proceedings.or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier sub contrac-
mechanic to whom the wage.salary.or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4i of this
this Contract are applicable shall be discharged or in any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
emoloyee has tiled any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary.hazarcous.or danger-
under or relating to the tabor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
his employer. health standards promulgated by the Secretary of Labor by regulator.
B Contract Work Hours and Safety Standards Act As used in this pare- (2)The Contractor shall comply with all regulations issued by the
graph.the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1925(formerly part 15181 and
guards. failure to comply may result in imposition of sanctions pursuant to the Ccn-
(1) Overtime requirements. No contractor or subcontractor tract Work Hours and Safety Standards Act(Public Law 91-54.83 Sat 961
contracting for any part of the contract work which may require (3)The Contractor shall include the provisions cf mis Article in every
or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which subcontract so mat such provisions will be binding on each subcontractor.
he or she i s employed on such work to work in excess of forty The Contractor shall take such action with respect to any subcontract as
hours in such workweek unless such laborer or mechanic receives the Secretary of Housing and Urban Development or the Secretary cf Labor
shall direct as a means of enforcing such provisions.
•
•
•
�H(JD-4010(2.84)
_.
L
4-K b4+
ASSIGNMENT
For One Dollar ($1.00) and other good and valuable consideration, Omaha Economic
Development Corporation, a Nebraska Non-Profit Corporation, hereby assigns and transfers to
in which Omaha
Economic Development Corporation is the sole general partner, all of Omaha Economic
Development Corporation's rights and obligations in and under that Certain Agreement between
Omaha Economic Development Corporation and the City of Omaha dated the day of
, 19 (the "Agreement") for the construction of eight residential units on the
vacant site bounded by Hamilton Street on the north, Indiana Avenue on the south, 25th Street on
the east, and Kellom Place Apartments on the west, and legally described below.
Lot 1, Kellom Heights, an Addition to the City of Omaha, as surveyed,platted and
recorded in Douglas County,Nebraska, together with improvements thereon.
This Assignment is made pursuant to the provisions of Section 6.8 of the Agreement
approved by the City Council on , 19 , by Resolution No. , whereby
the City of Omaha grants to Omaha Economic Development Corporation authority to make this
Assignment.
By its signature affixed below, accepts the
foregoing Assignment and agrees to perform all the duties and obligations required of the Developer
and/or Omaha Economic Development Corporation, as specified in the Agreement.
DATED this day of , 1997.
OMAHA ECONOMIC DEVELOPMENT
CORPORATION, a Nebraska Non-Profit Corporation
By:
Alvin M. Goodwin,President
ACCEPTED:
By:
a Nebraska Limited Partnership
By:
DEVELOPMENT CORPORATION, a Nebraska
Non-profit Corporation, General Partner
By:
Alvin M. Goodwin,President
P:\PLN2\2952.PJM
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
The foregoing Assignment was acknowledged before me this day of
19 , by Alvin M. Goodwin, President, Omaha Economic Development Corporation, a Nebraska
non-profit corporation, on behalf of the corporation.
Notary Public
STATE OF NEBRASKA )
SS.
COUNTY OF DOUGLAS )
The foregoing Assignment was acknowledged before me this day of
19 , by Alvin M. Goodwin, President,
Development Corporation, , on behalf of the
corporation and the
Notary Public
P:\PLN2\2952.PJM
b'f " m ,
NON-RECOURSE REPAYABLE LOAN
PROMISSORY NOTE
PROJECT NO. CDBG Housing PLACE: Omaha, Douglas County,Nebraska
Development Program
LOAN NO. DATE:
FOR VALUE RECEIVED,the undersigned hereby promises to pay to the order of the CITY
OF OMAHA (hereinafter, the "City"), acting by and through the Director of the Planning
Department or its successors, the principal sum of Two Hundred Thousand and No/100 Dollars
($200,000.00), together with interest thereon as hereafter provided, as follows: •
1. Interest of one percent(1%) from and after December 1, 1998;
2. Interest at the rate of one percent(1%)per annum shall be accrued on the principal
balance of this Note at the end of each year for a period of twenty(20)years,through and including
December 1, 2018.
3. On December 1, 2018,the accrued interest to that date ($40,000.00) shall be added
to the principal balance of$200,000.00, and such new principal amount, together with interest
thereon at the rate of one percent (1%) per annum ($240,000.00), shall be amortized over an
additional period of thirty (30) years in 360 equal monthly installments of principal and interest
($771.93), commencing January 1, 2019.
All payments on this Note shall be made in lawful money of the United States at the principal
office of the City of Omaha, 1819 Farnam Street, Omaha,Nebraska or at such other place or places
as shall be designated in writing for such purposes by the City.
The undersigned reserves the right to prepay at any time all or any part of the principal
amount of this Note, without the payment of penalties or premiums.
In the event that the undersigned shall fail to pay any installment of principal and interest
when due,and such default in payment continues for a period of fifteen(15)days after written notice
thereof has been given by the City to the undersigned, the City may at any time thereafter, at its
option, declare the entire unpaid balance of principal and interest at once due and owing, without
further notice. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall exist by reason of nonpayment of any required installment of principal and
interest, so long as the amount of any optional prepayments already made pursuant hereto equals or
exceeds the amount of the required installments. If the interest on, and the principal of, this Note
are not paid during the calendar month which includes the due date,the undersigned shall pay to the
City a late charge of 4% per calendar month, or fraction thereof, on the amount past due and
remaining unpaid.
C� E ,
Notwithstanding anything to the contrary set forth above, but except as hereafter provided,
the principal,together with all interest, of and on this Note shall be due and payable on the first day
after.the undersigned conveys, grants, mortgages, assigns or otherwise transfers its interest, or any
portion thereof, in the property or improvements located in the area of 25th and Indiana Avenue in
the City of Omaha, and legally described as:
Lot 1, Kellom Heights, an Addition to the City of Omaha, as surveyed, platted and
recorded in Douglas County,Nebraska, together with improvements thereon,
without the prior written consent of the Director of the Planning Department of the CITY OF
OMAHA, which consent shall not be unreasonably withheld. Further and without limitation, it is
expressly understood and agreed that the foregoing property and improvements may be subject to
a Deed of Trust of first priority in a principal amount not to exceed$100,000.00.
The loan evidenced by this None is a non-recourse obligation of the undersigned. Neither
• the undersigned nor any of its general and limited partners (or the partners, officers, directors or
shareholders of any such partner) shall have any personal liability for repayment of any sum due
under this Note or the Deed of Trust securing it. The sole recourse against the undersigned by the
Lender under this Note and related Deed of Trust for repayment of the loan evidenced thereby shall
be by the exercise by the Lender of its rights against the above-described property and
improvements, and related security thereunder.
This Note is secured by a second Deed of Trust upon the above-described property, which
Deed of Trust is and shall be junior to the Deed of Trust in favor of an amount not to exceed the
principal sum of$100,000.00.
In the event that this Note should be reduced to judgment, such judgment shall bear interest
thereon at the statutory rate, but not to exceed 9%per annum.
If suit is instituted by the City to recover upon this Note, the undersigned agrees to pay all
costs of such collection, including reasonable attorneys' fees and court costs.
DEMAND,protest and notice of demand and protest are hereby waived,and the undersigned
hereby waives, to the extent authorized by law, any and all homestead and other exemption rights
which otherwise would apply to the debt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of the
day and year above set forth.
OMAHA ECONOMIC DEVELOPMENT CORPORATION,
a Nebraska Non-Profit Corporation
BY:
P:\PLN2\2958.PJM Alvin M. Goodwin,President
1c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 144Y...2.Q 19..9.7
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City annually receives Community Development Block Grant funds
under Title I of the Housing and Community Development Act of 1974, as amended,for the purpose
of benefitting low and moderate income residents,eliminating slums and blight, and for other urgent
community development needs; and,
WHEREAS, the Mayor recommended various projects in the 1997 Consolidated
Submission for Community Planning and Development Programs (Consolidated Plan) including the
Omaha Economic Development Corporation, a Nebraska Non-profit Corporation(OEDC),Kellom
Heights Multi-Family Housing Development Program; and,
WHEREAS,the City Council approved the 1997 Consolidated Plan on December 3,
1996,by Resolution No. 3195; and,
WHEREAS, OEDC will construct eight residential units in the area bounded by
Hamilton Street on the north,Indiana Avenue on the south,25th Street on the east and Kellom Place
Apartments on the west, and develop supporting site amenities for the low and moderate income
occupants of the residential units; and,
WHEREAS,the Owner shall comply with the Federal Fair Housing Act,as amended,
and Section 504 of the Rehabilitation Act of 1973, and construct the appropriate number of units
accessible and adaptable for persons having mobility,hearing or vision impairments; and,
WHEREAS,it is in the best interests of the citizens of Omaha to promote construction
of such properties, and enter into an Agreement with OEDC to provide such a project.
By
Councilmember
Adopted
City Clerk
Approved _
Mayor (9—
•
c 2sa CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr k1a.y....20 - 19... ....
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Loan Agreement between the
City of Omaha and the Omaha Economic Development Corporation, a Nebraska Non-profit
Corporation, Alvin M. Goodwin,President, 2221 North 24th Street, Omaha,Nebraska 68110, to
provide a $200,000.00 Repayable Loan for the construction of eight residential units and the
subsequent rental of these units to low and moderate income families in the area bounded by Hamilton
Street on the north, Indiana Avenue on the south, 25th Street on the east and Kellom Place
Apartments on the west,is hereby approved. Further,the Owner shall comply with the Federal Fair
Housing Act, as amended, and Section 504 of the Rehabilitation Act of 1973, and construct the
appropriate number of units accessible and adaptable for persons having mobility,hearing or vision
impairments. Funds shall be payable from the Housing Development Program, Fund 193,
Organization No. 8326.
APPROVED AS TO FORM:
/),Ki //
ASSISTANT CITY ATTORNEY DATE
P:\PLN2\2949.PJM
Counc'lmember
Adopted MAY 1997 �
Approved
Mayor0.
It
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