RES 1997-0425 - Agmt with Orchard Manor LP for units assisted with HOME funds a
dA .r1997" � "� -
DtAAHA, ;'RECEIVED ", Planning Department
Omaha/Douglas Civic Center
th% MIL 1819 Famam Street,Suite 1100
L Omaha,Nebraska 68183-0110
lia-;147.
, (402)444-5200
0 f"
A0 y^` (402)444-5150
4 - FEBRJ'� February 4, 1997 Telefax(402)444-6140
City of Omaha
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution approves a Supplemental Agreement to the Agreement approved
August 23, 1994, by Resolution No. 2367 Between the City of Omaha and Orchard Manor Limited
Partnership, a Nebraska Limited Partnership, General Partner: Orchard Manor Corporation, a
Nebraska Non-Profit Corporation. The original Agreement provided partial financing in the amount
of$980,000.00 from the HOME Investment Partnerships Program for the construction of 48 multi-
family residential units at 36th and Orchard Streets and the subsequent rental of each unit to
qualified low-income households. All of the units were designed to house persons with a hearing
impairment and three units were handicapped accessible.
Section 3, Paragraph 3.10 of that Agreement states that 100%of the units shall be occupied by low-
income families whose annual income does not exceed 60% of the median income by Family Size.
The Owner has placed an over-income resident manager in one of the units who works extremely
well with hearing impaired persons. For this tenant to continue to occupy this unit, a Supplemental
Agreement is necessary to reduced the number of units assisted with HOME funds from 48 to 47.
By approving the attached Supplemental Agreement, this project would be in compliance with the
HOME Regulations which requires ninety-percent lower-income occupancy. With the exception
of this change, all other terms and conditions would remain unchanged.
Your favorable approval of this proposed Resolution would be appreciated.
Sincerely, Referred to City Council for Consideration:
/2,1(37
Mayor's Office/Title Date
!'+�lannmg Director Date May s
•pproved for Funding: Approved:
r 0
6 9
Dais A. D'Ercole .1 Date rge . a s, Jr. Date
Acting Finance Director Acting an Relations Director
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SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is to the Agreement between the City of Omaha
and Orchard Manor Limited Partnership, a Nebraska Limited Partnership, General Partner: Orchard
Manor Corporation, a Nebraska Non-Profit Corporation, approved by the City Council on August
23, 1994, by Resolution No. 2367, and is entered into by and between the City of Omaha and
Orchard Manor Limited Partnership.
RECITALS:
WHEREAS, the City of Omaha (Hereinafter referred to as "the City") is a municipal
corporation located in Douglas County,Nebraska, 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, State Laws, the Home Rule Charter of the City of Omaha, 1956, as amended, and
municipal ordinances, including, but not limited to, the power to contract; and,
WHEREAS, the City entered into an Agreement on August 23, 1994, by Resolution No.
2367, with Orchard Manor Limited Partnership, a Nebraska Limited Partnership, General Partner:
Orchard Manor Corporation, a Nebraska Non-Profit Corporation, with provided partial financing
in the amount of$980,000.00 from the HOME Investment Partnerships Program for the construction
of 48 multi-family residential units at 36th and Orchard Streets and the subsequent rental of each unit
to qualified low-income households, all of the units were designed to house persons with a hearing
impairment and three units were handicapped accessible; and,
WHEREAS, Section 3,Paragraph 3.10 of that Agreement required 100% of the units to be
occupied by low-income families whose annual income does not exceed 60%of the median income
by Family Size; and,
WHEREAS,the Owner has placed an over-income resident manager in one of the units who
works extremely well with hearing impaired persons. For this tenant to continue to occupy this unit,
this Supplemental Agreement is necessary to reduce the number of units assisted with HOME funds
from 48 to 47.
WHEREAS, approval of this Supplemental Agreement would bring this project in
compliance with the HOME Regulations which requires ninety-percent low-income occupancy.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. THAT,the total number of units for this project assisted with HOME funds
shall be 47.
Section 2. The remainder of the agreement shall remain the same.
IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement as of the
date written below:
ATTEST: CITY OF OMAHA, a Municipal Corporation
in Douglas unty,Neb 'ska
CI CLERK OF THE CITY OF OMAHA MA OR OF THE CITY OF OMAHA
t
ORCHARD MANOR LIME l'ED PARTNERSHIP,
a Nebraska Limited Partnership
BY: ORCHARD MANOR CORPORATION,
a Nebraska Non-Profit Corporation
BY: 4greal
Michael B. Maroney
President
4:ae--ePtIte/C- c5() ??‘
Date
APPROVED AS TO FORM:
(°1A/L-E4 /04/9�O
ASSISTANT CITY ATTORNEY DATE
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr Feb] y 4 1927
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City entered into an Agreement on August 23, 1994,by Resolution
No. 2367, with Orchard Manor Limited Partnership, a Nebraska Limited Partnership, General
Partner: Orchard Manor Corporation, a Nebraska Non-Profit Corporation which provided partial
financing in the amount of$980,000.00 from the HOME Investment Partnerships Program for the
construction of 48 multi-family residential units at 36th and Orchard Streets and the subsequent rental
of each unit to qualified low-income households. All of the units were designed to house persons
with a hearing impairment and three units were handicapped accessible; and,
WHEREAS, Section 3 Paragraph 3.10 of that Agreement requires 100% of the units
to be occupied by low-income families whose annual income does not exceed 60% of the median
income by Family Size., The Owner has placed an over-income resident manager in one of the units
who works extremely well with hearing impaired persons. For this tenant to continue to occupy this
unit, a Supplemental Agreement is necessary to reduce the number of units assisted with HOME
funds from 48 to 47; and,
WHEREAS, approval of the attached Supplemental Agreement would bring this
project in compliance with the HOME Regulations which require ninety-percent low-income
occupancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,as recommended by the Mayor,the attached Supplemental Agreement to the
Agreement approved by the City Council on August 23, 1994,by Resolution No. 2367,between the
City of Omaha and Orchard Manor Limited Partnership, a Nebraska Limited Partnership, General
Partner: Orchard Manor Corporation,a Nebraska Non-Profit Corporation, 6655 Sorensen Parkway,
Omaha Nebraska 68152, which reduces the number of units assisted with HOME funds from 48 to
47,is hereby approved. Funds in the amount of$754,000.00 were paid from the HOME Program,
Fund 186,Agency No. 200,HOME Construction Program,Organization No. 5010 and$226,000.00
was paid from Keno/Lottery Fund No. 120, Agency 110, Organization No. 1106. Housing
Development Program,Fund 93, Organization No. 8326.
APPROVED AS TO FORM:
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/ `ASSISTANT CITY ATTORNEY DATE
By. "A-
i-r
Councilmember
Adopted FEB - • 1997 -.
t Clerk
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