RES 1997-1206 - Agmt with Holy Name Affordable Housing Corporation for rehabilitation of condemned dwellings lb-Z"° 16
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City of Omaha ri P,1,t f H,&, N E iZ i`r
Hal Daub,Mayor
Honorable President
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and Members of the City Council,
The attached proposed Resolution authorizes a Community Development Block Grant Revolving
Loan Fund of $200,000.00 for the Holy Name Affordable Housing Corporation (HNAHC), a
Nebraska non-profit corporation, located at 1704 South 10th Street, Omaha,Nebraska 68108. The
Agreement allocates $200,000.00 from FY 97 CDBG funds which is included in the 1997
Consolidated Submission for Community Planning and Development Programs approved by the
City Council on December 3, 1996, by Resolution No. 3195.
The $200,000.00 Revolving Loan Fund will be used by the Holy Name Affordable Housing
Corporation, in conjunction with a private housing developer, to purchase, rehabilitate, and market
approximately fifteen(15)previously condemned single-family houses to new home-buyers in North
and South Omaha.
All homes will be initially purchased by households whose annual incomes do not exceed 80% of
the Median Income by Family Size.
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.
Authorizing the approval of this proposed Agreement will allow HNAHC to successfully complete
this worthwhile housing development_project. We urge your favorable consideration of this
Agreement.
Respectfully submitted, Referr o th City oun .1 for. Consideration:
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Ioflanning Department Director Dat Mayor's Office/Title D 1
oved as to Funding: A ved:
Louis A. D'Ercole _ lb at George L. vi , Jr. Da e
Acting Finance Director Acting H an Relations Director
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska,also referred to as "City", and the Holy Name Affordable
Housing Corporation(HNAHC),a Nebraska non-profit corporation, 1704 South 10th Street, Omaha,
Nebraska 68108,(sometimes hereinafter referred to as "HNAHC")for the acquisition,rehabilitation,
and marketing for sale of condemned single-family homes in North and South Omaha.
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 allpowers conferred bythe State
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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 (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 1997 Consolidated Submission
for Community Planning and Development Programs(Consolidated Plan)on December 3, 1996,by
Resolution No. 3195, setting out the City's Community Development Program for 1997; and,
WHEREAS, the HNAHC Revolving Loan Fund Program was included in the FY97
Consolidated Plan and $200,000.00 was allocated to the program; and,
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WHEREAS,HNAHC has been involved in the purchase, rehabilitation, and sale of vacant
condemned housing units to low and moderate income residents within North and South Omaha;
and,
WHEREAS, HNAHC proposed to purchase,rehabilitate, and market for sale approximately
fifteen homes during the term of this Agreement; and,
WHEREAS, HNAHC plans to provide mortgage financing to potential homeowners at an
affordable rate; and,
WHEREAS, a determination has been made that this project provides or improves housing
which is determined to benefit low and moderate income persons or addresses slums and blighted
conditions on a spot basis; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to continue the
acquisition and rehabilitation of single-family dwelling units in North and South Omaha.
NOW,THEREFORE,in consideration of these mutual covenants,the Holy Name Affordable
Housing Corporation and the City of Omaha agree as follows:
Section 1. Definitions
The following terms shall have the following meanings for all purposes in this Agreement:
1.1 "Contractor" shall mean - the Holy Name Affordable Housing Corporation, a
Nebraska non-profit corporation, 1704 South 10th Street, Omaha,Nebraska 68108
(see Exhibit "A").
1.2 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.3 "Director" shall mean- the Planning Director of the City of Omaha.
1.4 "Target Area" shall mean-North and South Omaha.
1.5 "Property" shall mean-those vacant or owner-occupied dwelling units acquired and
rehabilitated or those scheduled for acquisition or rehabilitation in the Target Area.
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1.6 "HNAHC" shall mean -the Holy Name Affordable Housing Corporation.
1.7 "Revolving Loan Fund" shall mean-a separate fund established for the purposes oses of
carrying out specific activities which, in turn, generate payments to the fund for use
in carrying out such activities. Revolving Loan Fund is the program using the funds
as set out in this Agreement.
1.8 "CDBG" shall mean - that portion of the Community Development Block Grant
awarded to the City, subject to and conditioned upon actual receipt of same by the
City of Omaha,as may be available to loan during the FY 1997 program year for the
use specified herein in an amount not to exceed $200,000.00, subject to the terms,
conditions and requirements of said Revolving Loan Fund Agreement.
1.9 "Client" shall mean-a qualified participant making application to HNAHC Housing
Revolving Loan Program.
1.10 "Authorized Projects" shall mean-those projects selected by the HNAHC staff.
1.11 "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 the Holy Name Affordable Housing Corporation.
1.12 "Recipient" shall mean-the City of Omaha.
1.13 "Program Income" shall mean - the gross income received by the Recipient or
Subrecipient directly generated from the use of CDBG funds. When such income is
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").
1.14 "Deferred Payment Loan Mortgage" shall mean - a loan of CDBG funds, not to
exceed the amount of $16,500.00, 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.
Section 2. Duties and Conditions of City Financing
Subject to and conditioned upon actual receipt of same,the City agrees to provide a CDBG
revolving loan fund not to exceed $200,000.00, subject to the following conditions:
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2.1 Use of funds in the Revolving Loan Fund, plus any program income, is limited to
approved HNAHC acquisition/rehabilitation activities.
2.2 Loans must be made in compliance with HNAHC Loan Policies and Underwriting
Standards attached hereto as Exhibit "C" and made a part hereof by reference.
2.3 After completion of rehabilitation, the property must comply with all appropriate
City codes and ordinances, and with Federal Section 8 Housing Quality Standards;
such compliance being determined by inspection of the property by representatives
of the City.
2.4 Technical assistance will be provided by the City of Omaha Housing and Community
Development Division if requested by HNAHC.
2.5 The City will process requests for payment based upon billings for:
2.5.1 Any financing, legal, accounting or architectural costs associated with the
acquisition/rehabilitation of properties in the Target Area.
2.5.2 Costs associated with the acquisition of properties located in the Target
Area.
2.5.3 Acquisition costs for materials which will be used in the acquisition/
rehabilitation of properties located in the Target Area.
2.5.4 Costs incurred for labor associated with the acquisition/rehabilitation of
properties located in the Target Area.
2.5.5 Costs associated with utility hookups and site preparation of the properties
being acquired/rehabilitated in the Target Area.
2.5.6 Any demolition costs associated with the acquisition/rehabilitation of the
properties in the Target Area.
2.6 The City agrees to loan HNAHC the sum of$200,000.00, conditioned upon actual
receipt of same,as revolving funds to carry out the services described herein. Funds
may be drawn from this account to meet actual approved costs incurred by HNAHC
as required. Any of the funds from this loan which are charged against the
acquisition/rehabilitation of a house, as approved and outlined in 2.5.1 through 2.5.6
and 3.2, shall be secured by no less than a second mortgage or deed of trust on the
property. The amount of that mortgage or deed of trust shall be due in full upon sale
of the property.
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2.7 The City will review and monitor the monthly reports that identify the progress/
accomplishments of the HNAHC on the activities included in this Agreement and on
contracts entered into with third parties pursuant hereto.
2.8 Funds received by the City from HNAHC shall be returned to the revolving loan
fund and be available to HNAHC in the same manner as the initial $200,000.00.
2.9 Funds are available from the revolving loan fund only for those activities which have
occurred during the term of this Agreement.
2.10 Upon receipt by the City of all the funds secured by each property, the City shall
release its mortgage or provide a Deed of Reconveyance for such property.
2.11 The City agrees to cooperate with HNAHC and to coordinate activities associated
with the implementation of the scope of work.
2.12 Any of the funds drawn from the loan account to fund approved loans must be
secured with a first or second mortgage/deed of trust on the real estate.
Section 3. Duties and Responsibilities of the Contractor(HNAHC)
The Contractor (HNAHC) shall:
3.1 Abide by all terms and conditions of the City's Agreement.
3.2 Use the City's CDBG funds for those authorized items as outlined in Sections 2.5.1
through 2.5.6.
3.3 Maintain the property in a safe and sanitary condition, conform to City housing and
zoning ordinances and carry out the acquisition/rehabilitation in an efficient manner.
3.4 Acquire/rehabilitate approximately fifteen properties in the Target Area during the
term of this Agreement and perpetuate the process with additional
acquisition/rehabilitation.
3.5 Provide services for clients as required in the Scope of Work Summary, attached
hereto as Exhibit "D." and made a part hereof by reference.
3.6 Submit an operating budget by line item indicating all proposed expenditures and
sources of revenue for the 1997 CDBG program year.
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3.7 Submit a monthly progress report to the City of Omaha, Director of Planning, the
progress report will delineate HNAHC staff accomplishments for the previous 30 day
period.
3.8 Submit a monthly financial report (income statement) delineating the revenue and
line item expenditures for the HNAHC. In addition, a monthly check register is to
be submitted reflecting payee, date, amount and check number.
3.9 Submit monthly time sheet, which indicates the allocation of time spent among
CDBG and non-CDBG funded rehabilitation loan projects.
3.10 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".
3.11 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 representative of the City of
Omaha, as approved by the Planning Director, shall have access to any books,
documents, papers, records and accounts of the Contractor 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 Contractor with any
contractor or subcontractor shall include this section to insure said access.
3.12 Make best efforts to ensure that construction services, contracts and employment
opportunities are affirmatively marketed to women and members of minority groups.
HNAHC shall submit to the director for his review and approval, a minority and
women business enterprises plan, which discusses employment opportunities for
persons in these groups. (See Exhibit "F").
3.13 Employ affirmative marketing procedures in the advertising and marketing of the
completed project. In marketing, HNAHC shall also conform to the non-
discrimination provisions hereinafter set forth. The HNAHC shall comply with the
affirmative marketing responsibilities specified in Exhibit "G".
3.14 Ensure that no Contractor or sub-contractor shall be used by HNAHC, who has been
disbarred or disqualified by the U.S. Department of Housing and Urban
Development, or by the City of Omaha.
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3.15 Ensure that all rehabilitation loans are made in compliance with the HNAHC Loan
Policies and Underwriting Standards attached hereto as Exhibit "C" and made a part
hereof by this reference.
3.16 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 HNAHC in the same manner the
Director provides technical assistance to other developers during the construction
phase to ensure compliance with such requirements.
3.17 Ensure that the amount, not to exceed$16,500.00, and terms of each HNAHC loan
shall be in accordance with the HNAHC formula for determining amounts of
Deferred Payment Loans(Exhibit"H") and that the provisions of this Agreement are
included by reference in each mortgage or deed of trust.
3.18 Draw from the Revolving Loan Fund, sufficient funds to reimburse actual costs
incurred for the activities set out in Section 2.5.
3.19 Ensure that all revolving loans are secured by a first or second mortgage or deed of
trust in favor of the City of Omaha on the property upon which the revolving loan
funds are used.
3.20 Control the expenditure of dollars in direct loans, for rehabilitation projects which
have been approved by HNAHC.
3.21 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.
3.22 Assume responsibility for preparing or assisting in the collection of all reports and
other information required to make a decision relative to financing a client.
3.23 Assume responsibility for follow-up actions required for all clients receiving
assistance under this program.
3.24 Acquire bonding in the amount of$50,000 for HNAHC, Board of Directors and
employees entrusted with the handling of funds pursuant to this Agreement.
3.25 Ensure that the CDBG Revolving Loan funds shall only be used to finance the
acquisition/rehabilitation of housing units to be initially owned and occupied by
households whose annual income does not exceed 80% of the "Median Income by
Family Size (MFI)".
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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 the Exhibit "I" and incorporated herein by this reference.
3.26 Return to the City of Omaha any program income received within thirty (30) days
of receipt.
3.27 Acquire only vacant or owner-occupied properties for the purpose of rehabilitation
and subsequent sale to qualified applicants.
3.27.1 The acquisition of properties shall be voluntary arm's length transactions
and,prior to making an offer to purchase a property, HNAHC shall inform
the seller in writing:
a) That it does not have the power of Eminent Domain and, therefore,
will not acquire the property if negotiation fails to result in an
amicable agreement; and,
b) Of its estimate of the fair market value of the property. HNAHC
shall maintain reasonable evidence in its project files of the basis for
its estimate of the fair market value.
3.27.2 In no event shall a tenant-occupant of a property be displaced, either
permanently or temporarily, from the property as a direct result of an
authorized project. A move following a notice to vacate the property and
a move resulting from an owner's refusal to renew an expiring lease is
considered as displacement caused by the HNAHC.
3.27.3 In the event HNAHC displaces any tenant-occupant of a property, it shall
immediately notify the City in writing of the circumstances surrounding
said displacement. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, shall govern any
displacement occurring as a result of an authorized project. In the event of
displacement,HNAHC shall be responsible for the payment of all required
relocation assistance payments.
3.28 HNAHC 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 HNAHC further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by
HNAHC of the information provided.
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3.29 The Contractor 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 percentum 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 Contractor
further agrees to abide by all Federal requirements regarding lead based paint poison
prevention.
3.30 The Contractor shall comply with all environmental requirements for review and
impact on the environment.
3.31 The Contractor shall, if applicable, complete a certified rehabilitation of the Subject
Property under the Historic Preservation Certification Program of the United States
Department of the Interior.
3.32 The Contractor shall, if applicable, obtain final certification from the National Park
Service,Denver, Colorado,verifying that the Owner has complied with and met the
"Secretary of Interior's Standards for Rehabilitation".
Section 4. Consideration
4.1 In consideration of the program services herein provided, the City agrees to pay
HNAHC the sum of$200,000.00, conditioned upon actual receipt of same, for the
HNAHC Housing Revolving Loan fund from Community Development Block Grant,
Fund 193, Organization Number 8334, Holy Name Affordable Housing.
4.2 The City will provide partial mortgage financing to qualified home buyers through
the use of a Deferred Payment Loan Mortgage or Deed of Trust. In no event shall
the interest exceed an amount considered usurious under federal or state law. The
Deferred Payment Loan Mortgage or Deed of Trust shall be secured by no less than
a second mortgage or deed of trust and shall be approximately equal to the amounts
established in Exhibit "H" to this Agreement. This loan will be due on sale of the
property. The Deferred Payment Loan for a rehabilitated property shall not exceed
$16,500.00.
4.3 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure, on a
home rehabilitated by HNAHC, HNAHC 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.
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4.4 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 5. Term
This Agreement shall be in full force and effect one year from date of execution. The
Planning Director may extend the term of this Agreement an additional six months.
Section 6. Provisions of the Agreement
6.1 Equal Employment Opportunity/Section 3 Clause. Attached hereto as Exhibits "J"
and "K", and made a part hereof by reference are the equal employment provisions
of this Agreement.
6.2 Non-Discrimination. The HNAHC shall not in the performance of this Agreement,
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 Agreement are for convenience and are not used in
the construction of this Agreement.
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 Modification. This Agreement and any related documents securing the financing
contain 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.
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6.7 Assignment. Holy Name Affordable Housing Corporation may not assign its rights
or obligations 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 Holy Name
Affordable Housing Corporation remains a general partner.
6.8 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.
6.9 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 parry'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
suspended or terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR
85.44, Termination for Convenience (Exhibit "L").
6.10 Subrecipients. HNAHC shall comply with the requirements and standards of OMB
Circular No. A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit
"M") and Attachments A, B, C, F, H, N, and 0, to OMB Circular No. A-110, as
identified in Exhibit "N".
6.11 Other Program Requirements. The Subrecipient 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 "0").
6.12 Reversion of Assets. Upon the expiration of this Agreement, the Subrecipient shall
transfer to the City of Omaha any CDBG funds on hand at the time of expiration and
any accounts receivable attributable to the use of CDBG funds. Additionally, any
real property under the Subrecipient's control that was acquired or improved in whole
or in part with CDBG funds in excess of$25,000 shall be either:
a) Used to meet one of the national objectives in 24 CFR 570.208 until five years
after expiration of the Agreement, or such longer period of time as determined
appropriate by the Recipient; or,
•b) Is disposed of in a manner which results in the Recipient being reimbursed in
the amount of the current fair market value of the property less any portion
thereof attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is not required after the
period of time specified in accordance with(a) above.
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6.13 Indemnification. HNAHC shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between HNAHC 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.
6.14 Default. If, through any cause, HNAHC 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 HNAHC liable
for any damages caused to the City by reason of such default and termination.
6.15 Unenforceable Provisions. 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.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 Disclosure of Lobbying. The Holy Name Affordable Housing Corporation 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
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.
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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
Director
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(2) Contractor:
Holy Name Affordable Housing Corporation
Robert P. DeLay, Executive Director
1704 South 10th Street •
Omaha,Nebraska 68108
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below:
ATTEST: CITY OF HA:
LERK O HE CITY OF OMAHA MAYOR OF THE CITY OF OMAHA
WITNESS: HOLY NAME AFFORDABLE HOUSING
CORPORATION:
obert P. e a , E ecutive irector
V//r /77
Date Date
APPROVED AS TO FORM:
__(<1j- 1 V /7
P:\PLN2\3480.MAF ASSISTANT CITY ATT RNEY DATE
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SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.1 Article of Incorporation and Corporate Resolution
B 1.13 Definition-Program Income
C 2.2 , 3.15 HNAHC Underwriting Guidelines
D 3.5 Scope of Work
E 3.10 OMB Circular No. A-133
F 3.12 Minority and Women Business Enterprise Plan
G 3.13 Affirmative Marketing Policy
H 3.17, 4.2 Deferred Payment Loan Determination Process
I 3.25 Median Income by Family Size
J 6.1 Equal Employment Opportunity Clause
K 6.1 Section 3 Clause
L 6.9 Termination- CFR 85.43 - 85.44
M 6.10 OMB Circular No. A-122
N 6.10 OMB Circular No. A-110
O 6.11 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, E, F, and J
through 0 are on file in the Planning Department.
P:\PLN2\3480.MAF
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.hU1. ARTICLES OF INCORPORATION
OF _
HOLY NAME A.'FORDABLE HOUSING CJRPORATION �=
RECORDED v .5 //2z
AND
ARTICLE I
NAME
The name of the Corporation is Holy Name Affordable
Housing Corporation.
ARTICLE II
DURATION
The period of the Corporation' s existence is perpetual .
ARTICLE III
PURPOSES
The Corporation is organized exclusively for charitable
and educational purposes . These purposes are:
A. To encourage and assist the development of
decent housing for low and moderate income individuals
and families primarily through the acquisition,
construction and rental of such housing; to participate
in joint ventures or otherwise with other not-for-profit
and for-profit entities to accomplish such housing; to
obtain, solicit, facilitate, encourage financial and
funding assistance for such housing ; to act as a
conduit for contribution, financing, technical advice
and other assistance from private and public
institutions for impoverished areas! and generally to do
• any and all things to enhance the overall quality of
housing in impoverished neighborhoods .
B. To transact any and all lawful business for
which nonprofit corporations may be incorporated under
the laws of the State of Nebraska, to the extent that
such business may be conducted by organizations that
qualify as exempt organizations under section 501(c) (3)
of the Internal Revenue Code of 1986, as amended, or the
corresponding provision of any future federal revenue
Law, hereinafter referred to as the "Code. "
C. To do everything necessary, proper, advisable
and convenient for the accomplishment of the purposes
Os 1
•
�' ° BOOK 3 t-PAGE_
• set forth above, and to do all other things incidental
thereto or connected therewith which are not forbidden
by the laws of the State of Nebraska or by these
Articles of Incorporation.
ARTICLE IV
POWERS
The Corporation shall have and exercise all powers and
rights conferred upon nonprofit corporations by the Nebraska
Nonprofit Corporation Act and any enlargement of such powers
conferred by subsequent legislative acts . In addition, the
Corporation shall have and exercise all powers and rights not
otherwise denied nonprofit corporations by the laws of the
State of Nebraska which are necessary, proper, advisable or
convenient for the accomplishment of the purposes set forth
above in Article III . Notwithstanding any other provisions
of these Articles, the Corporation shall not carry on any
other activities not permitted to be carried on by (a) a
corporation that qualifies as an exempt organization under
section 501(c) (3) of the Code or (b) a corporation,
contributions to which are deductible under section 170(c) (2)
of the Code.
In addition to the foregoing:
1. The Corporation shall distribute its income
for each taxable year at such time and in such manner as
not to become subject to the tax on undistributed income
imposed by section 4942 of the Code.
2 . The Corporation shall not engage in any act of
self-dealing as defined in section 4941(d) of the Code.
3 . The Corporation shall not retain any excess
business holdings as defined in section 4943(c) of the
Code.
v
4 . The Corporation shall not make any investments
in such manner as to subject it to tax under section
4944 of the Code.
5 . The Corporation shall not make any taxable
expenditures as defined in section 4945(d) of the Code.
ARTICLE V
BYLAWS TO REGULATE INTERNAL AFFAIRS
The Bylaws of the Corporation shall regulate the
internal affairs of the Corporation, except any provisions
-2-
•
3519S
BOOKPAGF �
hereinafter set forth for the distribution of assets on
•
dissolution or final liquidation.
ARTICLE VI
DISTRIBUTION OF ASSETS ON
DISSOLUTION OR FINAL LIQUIDATION
The Corporation is irrevocably dedicated to and operated
exclusively for the purposes above stated, and no part of the
net income of the Corporation shall be distributed or inure
to the benefit of any private individual; provided, however,
that the Corporation may pay reasonable compensation for
services rendered and make payments and distributions which
further the purposes set forth in Article III. Upon
dissolution of the Corporation, the Board of Directors shall,
after paying or making provisions for the payment of all
liabilities of the Corporation, dispose of all of the assets
of the Corporation exclusively for the purposes of the
Corporation in such manner as shall at that time qualify
under section 501(c) (3) of the Code, or to such organization
or organizations as shall at that time qualify as an exempt
organization or organizations under section 501(c) (3) of the
Code, or to the federal government, or to a state or local
government, for a public purpose, as the Board of Directors
shall determine.
ARTICLE VII
NO POWER TO INFLUENCE LEGISLATION
The Corporation shall not participate in any political
campaign for or against any candidate for public office or
devote a substantial part of its activities to influencing
legislation.
ARTICLE VIII
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial -registered office of
the Corporation is 1650 Farnam Street, Omaha, Nebraska 68102
and the name of its registered agent at such address is
P. Thomas Pogge.
ARTICLE IX
INITIAL BOARD OF DIRECTORS
The number of directors constituting the initial Board
of Directors shall be three and the names and street
(11
3519S
SOOK�
• addresses of the persons who are to serve as the initial
directors are as follows :
' I
Sister Marilyn F. Ross Edward R. Vaughn
3014 North 45th Street 3014 North 45th Street
Omaha, Nebraska 68104 Omaha, Nebraska 68104
Lisa A. Burks •
3014 North 45th Street
Omaha, Nebraska 68104
ARTICLE X
REMOVAL OF DIRECTORS
At any meeting of the Board of Directors, any one or
more of the directors may be removed from the Board of
Directors with or without cause by a vote of the majority of
the directors, and a successor may be elected in the manner
specified in the Bylaws . Any director whose removal has been
proposed shall be given an opportunity to be heard at the
meeting .
ARTICLE XI
NO MEMBERS
The Corporation shall have no members.
ARTICLE XII
NAME AND ADDRESS OF INCORPORATORS
The names and addresses of the Incorporators are:
Sister Marilyn F. Ross P. Thomas Pogge
3014 North 45th Street 1650 Farnam Street
Omaha, Nebraska 68104 Omaha, Nebraska 68102
DATED this 10 day of July, 1991.
•
� C1'
Sister Ma lyn Ros
corpora r
P. Tho Pogge,
Incorporator
HOLY NAME AFFORDABLE HOUSING CORPORATION
BOARD OF DIRECTORS
Virgil Armendariz Karen and John Bluvas
Home Address : 7101 S . 45th St . Dahlman Neighborhood Organization
Omaha , NE 68157 824 Worthington
Home Phone : 733-4047 Omaha, NE 68108
Office Phone: 341-7193
Home Address : 824 Worthington
Dennis Blackman, Blackman Assoc. Omaha , NE 68108
11924 Arbor St .
Omaha , NE 68144
Office Phone : 330-1040 Gene Graves, Exec. Vice Pres.
Metro Omaha Builders Assoc .
11421 Davenport Street
Robert P. DeLay, Exec. Dir. Omaha, NE 68154
Holy Name Affordable Housing Office Phone : 333-2000
1704 S . 10th Street Home Address : 11216 William Pl .
Omaha , NE 68108 Omaha , NE 68144
Office Phone : 342-3242
Home Address : 628 S. 52nd Street
Omaha , NE 68106 Olivia Guerra-Keating
Home Phone : 402/553-1427 1227 N. 129th Circle
Omaha , NE 68154
Todd Fisher
Rosen Auto Leasing Tim Hall, Deputy Director
7700 "L" Street Department of Insurance
Omaha, NE 68127 State of Nebraska
Office Phone : 331-8020 941 "0" Street , Ste. 400
Lincoln, NE 68508-3690
Office Phone: 402-471-2201
Gina Ponce Guidoni, Exec. Dir.
Chicano Awareness Center .
4825 S . 24th St. Cathy Kelly
Omaha, NE 68107 Douglas County Board
Office Phone : 733-2720 Omaha/Douglas Civic Centre
1819 Farnam
Omaha ,NE 68183
Office Phone : 444-6072
Gary Batenhorst, Board Chm. Home Address : 8328 Broadmoor Dr .
Vice President , Godfather ' s Pizza Omaha,NE 68114
9140 W. Dodge Road
Omaha , NE 68114
Office Phone : 391-1452 Perry Poyner, Architect 0 •
Home Address : 362 S . 160th Street Alley Poyner Architecture, PC
Omaha , NE 68118 1213 Jones St .
Omaha , NE 68102
Office Phone : 341-1544
l-w
Jim Swoopes
First National Bank
1620 Dodge St . - Fifth Floor
Omaha, NE 68102
Office Phone : 633-3654 Fax: 633-3885
Home Address : 2516 Nottingham Dr.
Bellevue, NE 68123
John Holdenried
Baird Holm Law Firm
1500 Woodmen Tower
17th and Farnam
Omaha, NE 68102-2069
Office Phone : 344-0500
Home Address : 503 S. Happy Hollow Blvd.
Omaha , NE 68106
Edward Kohout
6014 Poppleton Ave .
Omaha , NE 68106
Phone : 558-6559
Cynthia Swoopes, Exec. Director
Omaha 100
2424 Cuming Street
Omaha , NE 68131
Office Phone : 342-3773
Home Address : 2504 N. 131st Cir.
Omaha , NE 68164
Michael Van Meter, Administrator
St . Joseph Villa
2305 S . 10th St .
Omaha, NE 68108
Office Phone : 345-5683
NOWINWHOD mNTsn®I WIN A OH
HOLY NAME AFFORDABLE HOUSING CORPORATION
OFFICERS IC RS
President; Gary Batenhorst
Vice-President: Tim Hall
Secretary-Treasurer: John Holdenried
Executive Director: Robert P. DeLay
>1>
400
Sent by: BAIRD HOLM 4026368233; 02/12/97 4:57PM;J x #731 ;Page 2/2
CERTIFICATE
I hereby certify that Robert DeLay is the duly appointed Executive Director of
Holy Name Affordable Housing Co., .tion.
111
410
• I Holdenried, Secretary of the Board of Directors
February 12, 1997
FROM : AFFORDABLE HOUSING PHONE NO. 4023428736 + Mar. 26 1997 11:13AM P2
•
CERTIFICATE
I hereby certify that the following resolution was duly adopted by the Executive
Committee of Holy Name Affordable Housing Corporation at a special meeting held on March
24, 1997.
RESOLVED that the Corporation enter into contractual agreements with the City
of Omaha for the acquisition, rehabilitation, construction and subsequent sale of properties to
homebuyers.
IT IS FURTHER RESOLVED, that the Executive Director of Holy Name
Affordable Housing Corporation(the "Corporation") is hereby
l actions an
sign all documents on behalf of the Corporation required to enable the Corporation orized to take lto encumber
property and receive funds under the City of Omaha's Community Development Block Grant
and HOME Investment Partnerships Programs. These actions will include, but not be Iimited
to pledging certain assets of the Corporation to obtain these funds.
hn Holdenried
ecretary of the Board of Directors
214158
SUBRECIPIENT UNDERWRITING GUIDELINES
CITY OF OMAHA DEFERRED PAYMENT LOANS
Effective Date: February 12, 1997
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, Holy Name Affordable Housing Corporation,
United Ministries of Northeast Omaha,Inc., and Omaha 100,Inc. 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.
O
In computing the DIR, installment debts extending ten months or more and all
revolving accounts shall be considered.
3. Deferred Payment Loan(DPL) - shall mean a loan of City funds made subject to the
terms, conditions and provisions of the loan agreement under which said loan is
made, which shall provide, inter-alia, that the DPL shall become due and payable
upon the sale or transfer of ownership of the property or portion thereof, or interest
therein by the Owner.
4. Employment History-shall mean a verifiable and continuous two-year work history,
or a verifiable source of other income, including but limited to, social security,
pension, annuities, child support, alimony, etc.
5. Household - shall mean all persons who will occupy the property. The occupants
may be a single family, one person living alone,two or more families living together,
or any other group of related or unrelated persons who share living arrangements and
includes:
a. any dependent child under the age of 19. If a child is claimed for income tax
(IRS)purposes, the City will consider the child a dependent.
b. any dependent member over the age of 62 who has lived in the household full
time for a minimum of 6 months immediately prior to application date and
will continue to live in the household full time,does not own other property,
and is dependent upon the borrower.
6. Housing-Income-Ratio(HIR)shall mean the monthly total of all mortgage payments,
real estate taxes, special assessments, and property insurance premiums divided by
the gross monthly income. The maximum HIR shall be 33% or the percentage
established by the lender providing the first mortgage financing.
7. Income - shall mean all actual or projected income derived from full, part-time
and/or seasonal employment, self-employment social security, pension, annuities,
interest or dividends from investments, child support, alimony, etc.
NOTE: Income Averaging is not acceptable.
8. Median Income - shall mean the Median Income by Family Size income data as
published by the United States Department of Housing and Urban Development and
as further updated and revised to reflect the current or most recent income level
statistics. A copy of the median incomes is available upon request at the City of
Omaha Planning Department.
9. Subrecipient - shall mean a public or private non-profit agency, authority or
organization receiving CDBG or HOME Funds to undertake eligible activities.
- 2 -
C. 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.
D. BANKRUPTCY
Borrowers who have filed a bankruptcy must have established a verifiable form of credit
over a six month period commencing after the Bankruptcy Court entered its Order of
Discharge. A copy of the bankruptcy document, Court Order of Discharge, and a letter
explaining the reason for filing bankruptcy and the circumstances surrounding it must be
submitted with the initial application for preliminary loan approval by the City.
E. INSURANCE
The Borrower must have at least a hazard insurance policy in force for one year at the time
of loan closing. The policy must have a proper endorsement naming the City of Omaha as
an additional mortgagee. Proper mortgage endorsement is available at the City of Omaha
Planning Department.
F. SALE OF PROPERTY
In the event of sale of the property,the deferred payment loan must be repaid to the City of
Omaha as specified in the promissory note.
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.
- 3 -
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.
H. CITIZENSHIP
Borrower must be a Citizen of the United States.
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.
J. 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:\PLN 1\4621.SAP
- 5 - y�
HOLY NAME
NAME
AFFORDABLE
HOUSING &
NUSTYLE
DEVELOPMENT
CDBG FUNDS
PROPOSAL- 1997
REHABILITATION OF
CONDEMNED
PROPERTIES
, 3101112�3y
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Mr. Robert Peters T-s tit; July 19,1996
Assistant Planning Director ��29zSZbZ�'
Planning Department
1819 Farnam Street, Suite 1111
Omaha, NE 68183
Dear Bob,
Thank you for the continual support the City has provided in rehabilitating condemned
properties. Holy Name Affordable Housing and NuStyle are eager to continue serving the
Omaha community by providing affordable housing and maintaining tax generating
properties. By hiring more employees and combining efforts NuStyle and Holy Name
Affordable Housing have become an efficient team.
The efficiency of the team has helped accomplish the mission. NuStyle and Holy Name
are still committed to assisting low and moderate income families in securing safe,
affordable housing and becoming an effective force in the revitalization and stabilization of
established South Omaha neighborhoods. Satisfaction is the common factor for everyone
involved. The low income families are elated to have a "new" home and neighbors enjoy
seeing a local eyesore become a beautiful home.
Enclosed we have provided a list of the houses that have been completed and those that
are still in progress. Note that 50% of families purchasing our homes are at 60% or less
of the median income in Omaha. These figures exemplify the need and benefit of this
program for lower income families in our Omaha community. Families that may never
have been able to afford a home of their own, are now able to through this program!
We would like to continue this program and request the City to consider funding our
project again in the 1997 calendar year. We had carry over funds from our 1995 funds
because we were not allocated the funds until May which delayed production. NuStyle's
Construction crew is currently on schedule and equipped to do 20 houses this year. The
increased popularity and need has created a waiting list for the homes therefore we are
requesting $330,000. The financial support of$330,000 will help us refurbish 20 homes
for 20 Omaha families in 1997! Please feel free to give us a call if we can provide you
with any additional documentation.
Yours Truly, /? -�-�
G✓wvwud ect ✓LC,t,(
Tammy Barrett, NuStyle Sr. Marilyn Ross, Holy Name Affordable Housing
:
• .r,r
CITY OF OMAHA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
APPLICATION FOR 1997 IMPLEMENTATION FUNDING
A. Applicant Information
a. Name of Organization: Holy Name Affordable Housing (HNAH)
b. Name/title of authorized representative of the organization: Sr. Marilyn Ross,
Interim Director
c. Year organization formed: 1992
d. Brief description of organization's mission and identification of neighborhood(s)
or area(s) served:
Holy Name Affordable Housing was incorporated as a Nebraska nonprofit organization by Holy
Name Housing Corporation in order to enable the staff of HNHC to use their expertise to develop
housing in areas outside of HNHC's North Omaha neighborhood. In the beginning, HNAH
provided technical assistance to a diverse group of north and south Omaha residents concerned
about housing. In 1993, a number of factors led HNAH to concentrate its efforts on South
Omaha:
• Failure of initial efforts to identify an existing South Omaha nonprofit who would have the
• capacity and desire to develop affordable housing projects.
• Request for home ownership opportunities from South Omaha residents who were eligible
for HNHC's program but who wanted to live in South Omaha
• Conversations with a for-profit developer, NuStyle Development,who had produced low
income rental units but who wanted to develop enhanced management services for these
units and who wanted to respond to the need for affordable home ownership opportunities in
South Omaha. While willing to make a limited profit, this for-profit needed the resources
available through a nonprofit organization.
Holy Name Affordable Housing Corporation's target area is defined by Dodge Street on the
North, Harrison Street on the south, the Missouri River on the east and 50th Street on the West.
It is an area of predominately low and moderate income residents.
e. Brief description of projects of programs carried out by applicant relevant to the
project proposed:
To date, Holy Name Affordable Housing has served as the Management agent and co-general
partner in partnerships that have produced 41 units of affordable rental units.All of these units
involved the renovation of substandard and/or condemned properties and resulted in units that
are occupied by persons earning less than 50% of the median income. In September, an
additional 35 units will result from a low income tax credit project in the process of renovating an
historic downtown building.
Holy Name Affordable Housing in partnerships with a for-profit developer, NuStyle Development,
has also renovated and sold 26 single family homes to families earning less than 80% of the
median income. Besides providing extensive pre-purchase home ownership counseling, HNAH
r
assists home buyers to obtain financing through a consortium of lenders called Omaha 100.
HNAH's Home Ownership Counselor also assists buyers to qualify for a 0%, deferred second
mortgage from the city of Omaha.
Holy Name Affordable Housing targets low and moderate income families. Empowering these
residents to obtain decent and affordable housing is seen as an important strategy for revitalizing
the neighborhood. Counseling for both renters and homeowners stresses the relationship of the
property renter/owner to the community at large and stresses the importance of investment in a
neighborhood.
f. Brief description of organization structure including size and composition of
membership:
Holy Name Affordable Housing is directed by an Interim Director who is also the Director of Holy
Name Housing Corporation and a 16 member Board. The goal of the current Interim Director is
to raise sufficient funds to hire a full-time Director by 1997. To date, in addition to the Interim
Director, the organization has two full-time employees.
g. Brief description of organization's Board of Directors, including how it is selected and its
composition.
The Interim Director identified a Board of Directors. HNAH board members are residents, have
businesses in the service area or represent the expertise needed by the Director to carry out the
organization's mission in South Omaha.
h. List existing staff positions and indicate whether full or part-time.
•` Currently, Holy Name Affordable Housing has two full-time employees: a Property Manager and
° ... Home Ownership Coordinator. The HNHC Bookkeeper assists the organization with its
accounting needs.
Attachments.
a. Articles of Incorporation and by-laws
b. IRS determination letter •
c. Current and prior years' annual financial statements.
d. A one-page list identifying all major sources and amounts of financial support for
operating and project budgets over past three years.
e. Operating budgets for the current and most recent past year.
f. Resumes or brief description of the backgrounds of staff members who would be
most involved in this project.
g. List of any affiliated or subsidiary organizations (N/A)
II. COMMUNITY SERVED
a. Indicate the name and provide a brief description of the neighborhood to
be served by the proposed project. Demonstrate that it is a low income
area; city sources of information used and provide a map indicating the
specific boundary of the project site.
South Omaha neighborhoods represent a diverse blend of ethnic cultures and family traditions.
Historically, these neighborhoods have been indicative of stable,working class environments
situated in close proximity to businesses, schools and retail services
As a result of urban and suburban growth trends,this service area has experience a drastic
decrease in retail good and services and deterioration of existing housing stock. As a result,
once thriving neighborhoods have evolved into blighted communities that are ripe for further
decline unless efforts to revitalize the neighborhoods are intensified. Data from the 1990 U.S.
census provides a revealing statistical portrait of the target area. An analysis of population date
indicates a significant number of families at or near relative poverty. The percentage of all
people in poverty is highest in tracts 39 (31.7%), 40 (21.9%), 41 (19.8%), 29 (39.6%), 21 (19.8%)
and 19 (43%). Median income ranges from a high of$41,240 in Tract 18 to a low of$12,206 in
Tract 19.
b. Briefly describe the major problems facing the low-income residents of the
area.
Residents of neighborhood organizations identify their problems as the substandard, vacant
properties; high incidence of crime, especially by juveniles and lack of access to goods and
services.
c. Briefly describe any projects or programs which the applicant has
conducted in this area.
HNAH has responded to the housing blight as well as need for affordable housing by renovating
substandard rental properties for rent to low income families and renovating single family homes
for sale to low and moderate income families. Management and sale of properties involves a
counseling component that seeks to assist residents to address any destabilizing influence in
their lives and to become committed to the South Omaha community.
d. Briefly describe other projects or programs carried out by other entities
currently underway or recently completed in this neighborhood.
New Community Development has completed a South Omaha rental project that responds to the
needs of the hearing impaired for decent and affordable Housing. Besides the Housing
Authority, HNAH is the only other community based organization that responds to housing needs
by the production of affordable units. However,there are numerous other social service
providers that HNAH sees as partners in its efforts to assist families.
III. The Project
a. Describe what the applicant proposes to accomplish this Implementation
Grant. Describe the project and its beneficiaries. Quantify the expected
outcomes of implementation?
1. HNAH, in partnership with NuStyle Development will renovate twenty vacant and substandard
houses and sell them to families earning less than 80% of income. HNAH markets completely
renovated houses to low and moderate income families. Pre-purchase counseling that includes
education on the responsibilities of home ownership, maintenance and budgeting is provided to
interested families. Families are pre-qualified for loans from a lending consortium and for
second 0% mortgages from the City of Omaha.
r
•
b. Briefly describe the predevelopment activities which have already been
undertaken with respect to this project.
Because HNAH in partnership with NuStyle have already identified, renovated and sold 26
houses; the procedures and policies for identifying, financing, marketing and selling such
properties are already in place.
c. Describe the market for the proposed project. What efforts have you
undertaken to determine that the proposed project is appropriate for the
market.
Studies of demographic information indicate a need for home ownership opportunities in South
Omaha. The rate of home ownership for Omaha is 59%. Elderly households are the most likely
to own, closely followed by non-Hispanic White households. Rate of home ownership in the
designated area range from a low and 3.1 and 5.6 in census tracts 18 and 19 to 71 in census
tract 26. The average rate of home ownership is 39.1.
HNAH sells most of its renovated homes before renovation is completed and currently has a
waiting list of potential buyers. Typically, with the HNAH-NuStyle Program, these buyers are
able to pay the same or less to own a home than they are to rent a property.
d. Who will be the project sponsors/developers? What specific tasks will be
carried out by them?
Holy Name Affordable Housing will be the project sponsor. HNAH will contract with NuStyle
Development for the identification, acquisition and renovation of the properties. HNAH will serve
" as a real estate agent and market and sell the houses to low and moderate income families.
HNAH provides the home ownership counseling necessary to enable low and moderate income
families to purchase a home.
e. Who are the other members of the project development team? What
specific tasks will be carried out by the members of that team? Who will
be responsibility for coordinating the work of the team?
Members of the Team:
Julie Weber: Works with City of Omaha and neighborhood residents to identify vacant and
substandard properties. Julie prepares the paperwork necessary to acquire and finance the
properties. After obtaining costs of renovation from Tammy Barrett and Todd Heistand, Julie
prepares a construction contract for review by Sr. Marilyn of HNAH.
Sr. Marilyn Ross: Works with Julie to arrange for purchase and financing of property.
Tammy Barrett and Todd Heistand, NuStyle: Oversee the construction crew that prepares
rehab specs and completes renovation.
Joyce Stevens; HNAH Home Ownership Coordinator: Markets the properties, screens
applicants, pre-qualifies buyers, arranges closing on first mortgage.See Attachment F for
information from the 1995 CHAS concerning housing affordability.
f. Who will manage or operate this project once it is completed? Who will
own it?(N/A)
g. What roles will be carried out by low-income beneficiaries and community
r esidents.
4-1
(,
y � f
Community residents serve on the Board of Holy Name Affordable Housing and assist with
marketing efforts and advise staff concerning neighborhood concerns.
h. Briefly describe the experience of the applicant in implementing similar
projects or programs.
Sr. Marilyn Ross, Interim Director of HNAH, has twelve years of experience with home
ownership and rental projects in North Omaha. Prior to their partnership with HNAH, NuStyle
had also developed numerous affordable housing projects for South Omaha. •
i. Detailed project time schedule:
NuStyle and HNAH plan to obtain properties as soon as funding is available.
j. Describe the steps taken to generate community support for this project?
Marketing efforts include communication and presentations to neighborhood organizations as
well as to community outreach agencies. In order to respond to needs of South Omaha's
growing Hispanic community, all materials have been translated into Spanish and the services of
a certified Hispanic translator are obtained to help with Hispanic applicants.
k. If the project entails real estate development identify the site, why it was
chosen and who owns the property.
Properties chosen for this project will be vacant, condemned and/or substandard. They will be
owned by private parties, HUD, the City of Omaha or VA.
IV. Project Financing
NU-STYLE'S BACKGROUND AND EXPERIENCE
Nu-Style is a brother/sister business team established in August 1988. We are
located at 1704 South Tenth Street and have been involved in the development and .
rehabilitation of residential and commercial property in the South, Southeast, and
near Downtown areas. In the last eight years we have rehabilitated over 150
properties in our community.
Tammy and Todd are the sole owners (51%/49% respectively) of THI, Inc. d/b/a
Nu-Style Development. Todd is the licensed real estate broker for Nu-Style and
works on project development and construction estimations. Tammy, the office
administrator, has a Bachelor of Science degree in Business Administration and
Computer Science. Nu-Style employs one developer, one project manager, three
construction supervisors, one job foreman, three carpenters, and one office
manager on a full-time basis; a part-time bookkeeper and a part-time financial
analyst, and numerous sub-contractors. Our team is very professional, always
striving to create the best quality product at an affordable price.
t'. In the past two years we have accomplished the following: 1) The rehabilitation
of a fifteen unit affordable apartment building at 1954 Jones; 2) the rehabilitation
of a condemned 8 unit apartment building located at 3628 S. 24th Street; 3) the
purchase, rehabilitation, and resale of 20 condemned single family homes to
moderate income first time home buyers; and, 5) the development of a new 33 lot
inner-city subdivision named Riverview Meadows at 5th Street and Bancroft.
Our current projects include: 1) The rehabilitation of a high rise commercial and
35 unit apartment building located at 305 S. 16th Street - the Securities Building;
2) the rehabilitation and sales of 20 more condemned single family homes; 3)
building and selling brand new affordable homes in Riverview Meadows (we are
beginning construction on our 15th home); 4) a rehabilitation of a 48 unit
apartment building at Valley, Nebraska for the Douglas County Housing
Authority; and 5) the construction of 16 single family homes to be used as a
model "rent-to-own" project using low income housing tax credits.
We are committed to improving the real property in our community, and pride
ourselves on being able to efficiently develop residential and commercial
property into good quality, affordable housing and business space for lower
income area residents.
• HOLY NAME AFFORDABLE HOUSING
BACKGROUND AND EXPERIENCE
Holy Name Affordable Housing (HNAH)was established as a nonprofit community
development corporation in July of 1991. In partnership with Nu-Style Development,
HNAH assists low to moderate income families with their housing needs. Holy Name
Affordable Housing is also concerned about the future of established neighborhoods and is
committed to playing a significant role in revitalization activities. As an advocate for
families and neighborhoods, HNAH is committed to accomplishing the following goals:
• Promotion of resident participation in designing renewal strategies
• Providing extensive pre-and post-purchase counseling for low and
moderate income homeowners
• Fostering employment and training opportunities for local residents
• Designing networks between the corporation and businesses in order to
encourage neighborhood stability
• Maximizing opportunities for staff growth and development
HNAH's staff consists of a part-time executive director and one full-time housing
coordinator. Marilyn Ross, R.S.M. currently serves as the executive director of HNAH.
She has worked extensively in the field of nonprofit housing for twelve years and provides
considerable knowledge and expertise to the corporation. Sr. Marilyn guides the day-to-
day operations of HNAH as well as coordinating long-term strategic planning initiatives.
Joyce Stevens serves as HNAH's housing coordinator. Ms. Stevens has a comprehensive
background in the social services profession. As an employee of the Nebraska
Department of Social Services, Ms. Stevens worked with the elderly and the handicapped.
During her tenure at NDSS, she also worked as a child welfare coordinator and transport
supervisor. Joyce works with low and moderate income families, assisting them to
prepare for home ownership and to obtain the financing necessary to purchase a
completely remodeled home.
Since 1991, HNAH has been involved in the rehabilitation of 41 units of housing. These
units have improved the appearance of several established Omaha neighborhoods as well
as improving the quality of life for many low to moderate income families. Monique
Williams is HNAH's full-time property manager who assists tenants to become responsible
renters. Budget counseling is available in order to help tenants maintain a more stable
living environment. By working one-on-one with tenants, Monique hopes to provide
tenants with a pathway to possible home ownership.
HNAH continues to devise innovative management strategies and programs while making
a vital contribution to the pool of affordable housing in Omaha. Holy Name Affordable
Housing is building better neighborhoods --one family at a time. (11
•
•
JOYCE STEVENS •
• 2821 Monroe
Omaha, Nebraska 68107
(402) 731-8604
•
DIPERIENCE: •
•
9-7-93 to Present South Omaha Housing Coorporation, Omaha, Nebraska
HOUSING COORDINATOR
*Screen applicants for eligibility
*Ensure that applicants bring with them necessary
information •
*Schedule appointment with loan originator
*Monitor applicant to assure a prompt and timely •
interview
*Communicate with Eddie Vauaghn to establish targeted •
• arPAs for approved applicants
*Arrange for applicants to see houses .
8-86 to 12-92 Nebraska Department of Social Services, Omaha, Nebraska •
TRANSPOR=ON SUPERVISOR
*Provide 20,000 cabs per month and at least 700 Foster
Care trips per month •
*Hire, included were job description opened at the time
*Dismiss, follow all instructions and processes
of (NAPE) the Union and State rules and regulations
*Discipline in accordance with the NAPE and State rules,
regulations, and manuals
*Maintain monthly time sheets for all 10-15 employees
which included overtime and sick, annual, or camp time
used or earned
*Hold monthly staff meetings with subordinates
*Write annual evaluations and discuss private matters
•
with each employee
*Delegate work to employees when there is a downtime
or when the need arrises
*Assign and schedule workers for agency training and
• meetings to assure enough staff availability for
• continuous and adequate coverage in the unit
*Worked with parents and children while they were in
• the office for visitation including listening and
counseling ,parents on appropriate do's and dont's with
their children
*Changed diapers, gave baths, check children for
infectious bugs and diseases
• *Shampoo children for head lice
*Wash and exterminate toys, furniture and carpet
• *Transport children and parents when needed
•
*Provide training. to all new employees
•
•
•
*Monitored and maintained billing for newscme
transportation •
•
• 3-85 to 8-86 OFFICE CLERK III
*Order cabs for Title XX clients
*Arranged over 150 family visitations which lasted for
52 days per week
*Confirmed visit and arranged transportation for children
fran various locations- inside and outside the Omaha
• areas
*Worked with children ranging in age fran days old to
19 years old
*Oversaw transportation of many psychologically or
• physically impaired children
*Supervised visits as well as monitored all visits that
took place at the office or at the home
*Reported any and all problems to the workers, such as
possible abduction or parents inappropriate interaction
with the children
• *Eliminated parents rights to see the children if drug
abuse was suspected upon arrival to visitation site
•
9-84 to 3-85 SOCIAL WORKER
*Made approximately 130 home visits per month to the
• various clients for continuaous services in the areas
of cabs, bus tickets, meals on wheels, Daycare (children
and adults) , housekeeping services or Home Health Care
i; of clients
*The needs of the clients were met thru my observation •
at the clients request in order for them to remain
in their homes and be self-sustaining
*Daycare and transportation were provided for a mother
who was employed but could not afford the full cost
of daycare
3-82 to 9-84 ( SE AIDE
*Provide support to 40 CPS Workers and supervisors
*Process Title XX forms for client services such as cabs,
•
bus tickets daycare and ambulance
*Update all manuals for Supervisor in the appropriate
NAC Manual •
*Assist in police pick ups and moving children form FNC
foster home to another or returning children home
*Receiving and disbursing petitions and subpoenas to
ensure prompt payments for placements
*Assure the workers receive their subpoenas in a timely
manner allowing them time to prepere.the court reports
*Maintained statistics, referrals and closed files
• *Transferred case records out to the District for
continued services •
11-79 to 3-82 RECEPTIONIST CPS Unit
*Sorted, and distributed mail
•
• *Typed up abuse and neglect card files
•
•
*Answered 40 phones and took messages
*Mailed out requested data on a child abuse and neglect
to the public
*Transferred calls to appropriate unit. -
*Maintained manuals for supervisors and unit managers
*Type court reports and narrative both hand written and
dictated on Dictaphone
*Take cab request fran clients and order cabs thru Happy
Cab Co.
t r
•
•
Monique C. Williams •
1818 Lake Street
Omaha, Nebraska 68110
(402) 342-4717
.
OBJECTIVE
To obtain a long-term relationship with a dynamic, progressive
company that will provide career challenges and opportunities;
also seeking for career development and strong upward mobility.
DARST & ASSOCIAT_ES, P .C. - November 1992 - April 1995
SECRETARY/RECEPTIONIST - Transcribing dictation and performing
word crocessing for a staff of 14 Accountants . Handling
telephones, schedule meetings, keeping appointment schedules up
to date. ' Created and maintained filing system. Processed and
assembled Corporate and Individual Income tax returns .
Responsible for preparing monthly client expenses using Practice
Advantage software . Processed incoming and outgoing mail.
Handled special projects as assigned.
4/1992 - 11/1992
• PROTYPE - April 1992 - November 1992
PUBLIC SECRETARY - Provided secretarial services for the general
public . Duties include resume ' services, typing school term
papers, type setting invitations, creating fliers . Also included
sales of business cards and preparing logos .
OMAHA/COUNCIL SLU?FS YMCA - NORTH: BRANCH YMCA - April 1990 -
April 1992
OFFICE MANAGER - Primary duties include typing, accounts payable,
payroll, bookkeep nc_ , recordkeeping and making income journal
entries for deposit . Responsible for keeping the Executive
D4rA,— or abreast of all daily meetings, appointments, deadlines
and phone mersages . Also tc attend meetings and engagements for
the Executive Direct61 when necessary. Worked in all phases of
office procedures to include these and other secreterial duties
for a staff of 7-10 individuals . Work with Membership,
Sustaining and Board of Managers comoling reports, minutes and
meeting notices . Handle multiline phone system for incoming
telephone inquires regarding facility, activities and fees.
Greet and welcome the general public and provide necessary
information regarding general information, financial assistance
and enrollment .
REFERENCES AVAILABLE ON REQUEST -7N
Exhibit H
Holy Name Affordable Housing Corporation
Deferred Payment Loan Determination Process
The prospective home purchaser in the Holy Name Affordable Housing Corporation's home
ownership program will proceed through the following loan approval process:
• Initial assessment by HNAHC 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 HNAHC 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
HNAHC 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 amount exceed $16,500.00.
C2(4',&,% 4
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal
opportunity in housing , the City of Omaha establishes procedures to
affirmatively market units constructed or rehabilitated under any City-assisted
program or project. These procedures are intended to further the objectives of
Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that
individuals who normally might not apply for vacant rehabilitated units because
of their race or ethnicity:
. know about the vacancies
. feel welcome to apply
. have the opportunity to rent the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants, and owners about Federal fair
housing laws and affirmative marketing policies
The City of Omaha will inform the public, potential tenants, and
owners about its affirmative marketing policy and Title VIII and
Executive Order 11063.
The City will place public notices in the Omaha World Herald and
the North Omaha Star to inform owners of the program.
City representatives will meet with property owners and assist them
in preparing program applications as requested and necessary.
Owners selected for a program shall notify in-place tenants in
writing of their involvement in the program and provide them with
the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while
his/her unit is being rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the
rehabilitation.
Owners shall post the HUD Equal Housing Opportunity Logo in the
project building and display the Fair Housing Poster in their
rental office.
4. Assessment of Actions
The Owners' affirmative marketing efforts will be assessed by the. City to:
determine good faith efforts of Owners to affirmatively market
vacant units; and,
determine whether a sufficient number of racial and ethnic families
have applied for vacant units.
The City will take corrective action if it is found that property owners are not
carrying out established procedures of the City's Affirmative Marketing Policy
and Monitoring Procedures.
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the H.U.D. Equal Housing Opportunity Logo in the
building project, and in the rental office.
a copyof all letters notifying the
b) The Owner shall submit to the City Y
outreach agencies listed below of vacancies:
. Omaha Housing Authority
540 South 27th Street
Omaha, NE 68105
. Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
. Native American Community Development Corp.
2226 Leavenworth Street
Omaha, NE 68102
. Family Housing Advisory Services
• 2416 Lake Street
Omaha, NE 68111
. Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
c) The Owner shall submit to the City a copy of all advertisements placed
in the local newspapers. All advertisements must include the Equal
Housing Opportunity Logo, Slogan, or Statement.
d) The Owner shall submit to the City a Racial/Gender Form, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics,
income, family size, and gender for each person responding to the
advertisement.
e) The Owner shall meet with each in-place tenant and all tenants of
initially occupied vacant units and complete a Tenant Survey Form, a
copy of which is attached and marked Exhibit 2.
-3-
= rt . . EXHIBIT 1
RACE/GENDER FORM
Number of
Loan No. Date Vacant Units
Owner Project Address
Person Completing Person's
This Report Phone No. Home:
Project Completion Date Work:
Female
Race/Ethnicity Head of
Family Monthly of Head of Household
,
Applicant Size Tnr�smP Household Yes/No
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c 25A CITY OF OMAHA
LEGISLATIVE CHAMBER
•
Omaha,Nebr May 61 1997
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 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 3, 1996,by Resolution No. 3195,
approved the 1997 Consolidated Submission for Community Planning and Development Programs
which included the Holy Name Affordable Housing Corporation(HNAHC)Revolving Loan Fund
for the condemned houses program; and,
WHEREAS, the Holy Name Affordable Housing Corporation proposes to acquire,
rehabilitate,and sell approximately fifteen houses during the term of the Agreement; and,
WHEREAS, the Holy Name Affordable Housing Corporation plans to provide
mortgage financing to potential homeowners in North and South Omaha; and,
WHEREAS, a determination has been made that this Revolving Loan 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 acquisition and rehabilitation and market of single family dwelling units in the Holy Name
Affordable Housing Corporation Condemned 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 May 6 19 97
PAGE 2
t$
• THAT,the attached Agreement,as recommended by the Mayor,between the City of ,
Omaha and the Holy Name Affordable Housing Corporation, a Nebraska Non-Profit Corporation,
1704 South 10th Street,Omaha,Nebraska 68108,for a Revolving Loan Fund in the total amount of
$200,000.00 FY 97 CDBG Funds,for the acquisition,rehabilitation,and sale of approximately fifteen
formerly vacant condemned single family dwellings to households whose annual income does not
exceed 80% of the Median Income by Family Size in the North and South Omaha Holy Name
Affordable Housing Corporation Condemned Housing Target Area, is hereby approved. Funds in
the amount of$200,000.00 shall be paid from Community Development Block Grant Fund No. 193,
Organization No. 8334.
APPROVED AS TO FORM:
/ O/ 7
ASSISTANT CITY ATTORNEY DATE
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Adopted MAY - • 19•.
Approved Mayor
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