RES 1995-3054 - Agmt with Clarence MOrris, Maurice Armstrong, and Melvinie Armstrong to transfer interest in 1518 Willis Ave •
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N156 November 21, 1995 95 Nov
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City of Omaha Honorable President t E � : c ,
Hal Daub,Mayor
Planning Department and Members of the City Council,
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 1100
Omaha,Nebraska 68183-0110
(402)444-5200 Attached is a proposed Resolution approving an Agreement between the City of
(402)444 5150 Omaha, Clarence Morris, Maurice Armstrong and Melvinie Armstrong. This
Telefax(402)444-6140 Agreement adopts all the terms and conditions of the Loan Agreement approved
by the City Council on September 16, 1986, by Resolution No. 2180, with the
exception of consenting to the transfer by Clarence Morris of his interest in the
real property, commonly known as 1518 Willis Avenue, subject to the City's
mortgages/deeds of trust, to Maurice Armstrong and Melvinie Armstrong for
estate planning purposes. The 1986 Loan Agreement provided for the financing
of the rehabilitation of the property,such financing consisting of a repayable loan
in the original amount of $.15,000 and a deferred loan in the amount of
$14,002.00.
The-terms of the Loan Agreement, both Mortgages and the Deferred Loan
Promissory Note state that the loans become due upon the sale, lease or other
transfer of any kind or nature of the mortgaged property, or any part thereof,
without the prior written consent of the Mortgagee. Mr. Morris has requested
that the City allow him to transfer his property to his son, Maurice Armstrong,
and his daughter-in-law, Melvinie Armstrong, for estate planning purposes.
The proposed Agreement would result in the City's interest in the property being
maintained.
Your favorable consideration of the Resolution is requested.
Sincerely, Referred to City Council for
Consideration:
Jef , . Jo on, AICP
Planning Director/1p Mayor' /Title
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AGREEMENT
THIS AGREEMENT is between the City of Omaha (sometimes hereinafter referred to as
"City"), a Municipal Corporation in Douglas County,Nebraska; and Clarence Morris, 1518 Willis
Avenue, Omaha, Nebraska 68111 (sometimes hereinafter referred to as "Owner"); and Maurice
Armstrong and Melvinie Armstrong, both of 1518 Willis Avenue, Omaha, Nebraska 68111
(sometimes hereinafter referred to as "Buyers").
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, organized and existing pursuant to the laws of the State of Nebraska and pursuant to its
Home Rule Charter,and is authorized and empowered to exercise all power conferred by the State
constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local
ordinances, including, but not limited to,the power to contract; and,
WHEREAS, on September 16, 1986, a Loan Agreement between the City of Omaha and
Clarence Morris and Clotelia A. Morris,was approved by the City Council,by Resolution No. 2180,
and executed by the Mayor of the City of Omaha on September 18, 1986; and,
WHEREAS,the Loan Agreement provided for the financing of the rehabilitation of property
located at 1518 Willis Avenue (sometimes hereinafter referred to as "Property"), owned by Mr. and
Mrs. Morris. This financing, in the total amount of$29,002.00, is secured by a$15,000.00 HCD
Repayable Mortgage and Note,the principal balance of which has been paid down to $8,487.53 as
of August 31, 1995, and a$14,002.00 HCD Deferred Loan Mortgage Note; and,
WHEREAS, the terms of the Loan Agreement, both Mortgages and the Deferred Loan
Promissory Note state that the loans become due upon the sale, lease or other transfer of any kind
or nature of the mortgaged property, or any part thereof, without the prior written consent of the
Mortgagee; and,
WHEREAS, Clotelia A. Morris died in 1992 leaving Clarence Morris as sole owner of the
rehabilitated property; and,
WHEREAS,Mr. Morris has requested that the City allow him to transfer his interest in the
property, subject to the City's mortgages, to his son Maurice Armstrong and his daughter-in-law,
Melvinie Armstrong, for estate planning purposes; and,
WHEREAS,the City of Omaha's security interest in the property will not be harmed by this
action.
NOW, THEREFORE, in consideration of these mutual covenants, herein contained, the
parties hereto agree as follows:
1. This Agreement between the parties hereto,adopts all of the terms and conditions of
the Agreement approved on September 16, 1986, by Resolution No. 2180, on
permanent file in the office of the City Clerk for the City of Omaha, except that
Clarence Morris may transfer his interest in the Property, subject to the City's
mortgages, to Maurice Armstrong and Melvinie Armstrong for estate planning
purposes.
2. Upon transfer of Mr. Morris' interest in the Property, Maurice Armstrong and
Melvinie Armstrong agree to abide by the terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last
written below.
/ / as/7s--
'---)(
CLARENCE MORRIS AT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
this aN,SZ day of s___ A.D., 19 y —before me,
id),, ,,e,`_., �� , a Notary Public in and for said County, personally came
Z, i � ✓� -_-/_.- personally to me known to be the identical person(s)whose
name(s)affixed to the above and foregoing instrument as Owner acknowledged the said instrument
and the execution thereof to be his voluntary act and deed, for the purposes therein expressed.
e„40I,t,2mony whe eof, I have hereunto set my hand and affixed by Notary Seal at
, / won the day and date last above written.
Jen - 'I'MR 96\1O I • 'Y PUBLIC
*ComaAM?,1999
My Commission expires 6if
, ! 7 , 19 �
-2-
0 y
. .
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last
written below.
. ,-./5,--- ,,--
0,z)„,‘„) � 7 /3/443--
MAURICE ARMSTRONG DAT MELVINIE ARMSTRONG, DATE
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
n this day of (a.=- �e c.� A.D., 19, , before me,
,, :A__., e_ - � , a Notary Public in and for said County, personally came
,/.4,,,. ---ma�1 G gk,„�P ,, P personally to me known to be the
i entical person(s) whdbse name(s) affixed to the above nd foregoing instrument as Buyers
acknowledged the said instrument and the execution thereof to be their voluntary act and deed, for
the purposes therein expressed.
4I testimon.y w ereof, have hereunto set my hand and affixed by Notary Seal at
...,-,1, on the day and date last above written.
/ ,--
GENERALNOTARY,4meofNebraska NOTARY PUBLIC
„ .., ELSIA R.HOBBS
r' -" " ; Comm,r April I7,I999
My Commission expires '•pAils , 199'.
I
ATTEST: CITY OF OMA ,a Muni '+al Corporation
) ,
in Douglas ty,Nebr.
A !i ' i
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CITY C RK OF T E CITY OF OMAHA MAYO OF THE CITY OF OMAHA
DATE: , ///7/A/`5 APPROVED S TO FORM:
,ieC_I r°2:,
ASSISTANT CI Y TO
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-3-
-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr November 21 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,on September 16, 1986, a Loan Agreement between the City of Omaha
and Clarence Morris, was approved by the City Council, by Resolution No. 2180, and executed by
the Mayor of the City of Omaha on September 18, 1986; and,
WHEREAS,the Loan Agreement provided for the financing of the rehabilitation of
property located at 1518 Willis Avenue,owned by Clarence and Clotelia A. Morris. This financing,
in the amount of$29,002.00,is secured by both an HCD Repayable Mortgage and Note and an HCD
Deferred Loan Mortgage and Note; and,
WHEREAS, the terms of the Loan Agreement, both Mortgages and the Deferred
Loan Promissory Note state that the loans become due upon the sale, lease or other transfer of any
kind or nature of the mortgaged property, or any part thereof, without the prior written consent of
the Mortgagee; and,
WHEREAS, Clotelia A. Morris died in 1992 leaving Clarence Morris as sole owner
of the rehabilitated property; and,
WHEREAS,Mr.Morris has requested that the City allow him to transfer his interest
in the property, subject to the.City's mortgages, to his son, Maurice Armstrong and his daughter-in-
law,Melvinie Armstrong; and,
WHEREAS,the City of Omaha's security interest in the property will not be harmed
by this action.
By
Councilmember
Adopted
City Clerk
Approved
Mayor ;;
C=25A
CITY OF OMAHA
LEGISLATIVE
OmahaCHAMBER, Nebr November 21 19 95
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,as recommended by the Mayor, the attached Agreement between the City of
Omaha, Clarence Morris, Maurice Armstrong and Melvinie Armstrong, adopting all the terms and
conditions of the Loan Agreement approved by the Omaha City Council, on September 16, 1986,by
Resolution No. 2180, with the exception of consenting to the transfer by Clarence Morris of his
interest in the real property, commonly known as 1518 Willis Avenue, subject to the City's
mortgages/deeds of trust, to Maurice Armstrong and Melvinie Armstrong for estate planning
purposes,be and hereby is approved.
APPROVED TO FORM:
/Ced,
ASSISTANT TY 0
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By
Councilmember
Adopted N� 1 95:
1 it Cle
Approved '� e
l - Mayor
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