2356ORDINANCE NO. 2356
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOTS 6, 10, 11, 13, 14, 15, 16, 17, 18 and
20 IN SOUTHERN RIDGE ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS
SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA;
SOLD AT THE SUM OF TWENTY THOUSAND DOLLARS ($20,000,00) PER LOT AND
COLLECTIVELY FOR THE SUM OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00) FOR ALL TEN (10) LOTS; PROVIDING FOR NOTICE OF SUCH SALE TO BE
PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE
PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A
PURCHASE AGREEMENT WITH THE BUYER, HUNTINGTON HOMES, AND TO MAKE
ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING
NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE
REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW
AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver
a Purchase Agreement by and between the City of Blair, Nebraska, and Huntington Homes,
whereby the City agrees to sell the real estate described hereinabove for the sum Twenty Thousand
Dollars ($20,000) per Lot for the total sum of Two Hundred Thousand dollars ($200,000.00) for
all ten (10) lots and pursuant to the terms and provisions of the Purchase Agreements attached
hereto and marked Exhibit "A".
SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized
and directed to make all notifications required under Neb. Rev. Stat. §16-202, et.seq., including
but not limited to notice of the sale and the terms thereof, and, after the required remonstrance
period has lapsed and City has not received a remonstrance against such sale signed by registered
voters of the City equal in number to Thirty Percent (30%) of the registered voters of the voters
voting at the last regular municipal election held therein, then, the Mayor and City Clerk are
authorized to execute and deliver any and all documents, deeds or other instruments necessary to
effectuate such conveyance of real estate.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
Passed and approved this 10th day of April, 2018.
CITY OF BLAIR, NEBRASKA
JA REALPH, MAYO �
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day
of April, 2018.
F
L ; `
BRENDA WHEELER, CITY CLERK
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purc ase Agreement (the "Agreement") is made and entered
into on this day of - iy fi , 2018, (the "Effective Date"), by and between
the City of Blair ("Seller") and Huntington Homes ("Buyer"). The "Effective Date" of this
Agreement shall be the ten (10) days after the date of the Ordinance Publication.
RECITALS
WHEREAS, Seller owns certain real property, at the Legal Description:
Lots 6, 10, 11, 13, 14, 15, 16, 17, 18, and 20, Southern Ridge, Blair City,
Washington County, Nebraska; and
WHEREAS, Buyer wishes to purchase all ten (10) of the above lots, (collectively,
the "Property"), as depicted on Exhibit "A", attached hereto and incorporated herein by
reference; and
WHEREAS, Seller has agreed to sell property to Buyer, subject to the terms and
conditions of this Agreement.
NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
PURCHASE AND SALE
1.1 Rights, Title, and Interests in Property. Subject to the terms and
conditions hereof, Seller agrees to sell and convey the entirety of Seller's right, title and
interest in the Property to the Buyer, and Buyer agrees to purchase all of Seller's right,
title and interest in and to the Property.
1.2 Easement. The City of Blair hereby specifically reserves an easement
over and across said property to be sold, for any and all utilities that exist on said
Property or Lot at the time of sale.
1.3. Property Condition. The Seller specifically makes no warranties or
representations as to the conditions of the Property not their usability as may be
intended by the Buyer. The Buyer is purchasing the Property, "AS IS" and based upon
its own investigation and inquiry. The Buyer is familiar with the condition thereof, and is
not relying upon any representations made by Seller as to any matter regarding the
Property other than as specifically set forth herein. The Buyer is not relying on any
representations of any other person or entity, and is agreeing to accept the Property
subject to the conditions herein set forth.
1.4 Property Reverts Back to Seller. The Buyer agrees the intent of this
Agreement is to have construction of a home on each individual lot within two (2) years
of this Agreement. Buyer shall have two (2) years from the "Effective Date", to secure a
building permit and start construction on each Lot. Buyer agrees that any lot(s) where
Buyer has not secured a building permit and started construction within two (2) years of
the "Effective Date", that the City of Blair may rescind this Agreement, release all or a
portion of those said lot(s) from the Agreement, and sell said lot(s) to another builder.
1.5. Sidewalks and Assessments. The Buyer will be responsible for the
construction of any sidewalk or other assessments which may be made and which are
attributable to the Property.
ARTICLE 11
PURCHASE PRICE AND PAYMENT
2.1 Purchase Price. The total purchase price for the Property shall be the sum
of Twenty thousand dollars ($20,000.00) per Lot, for the total sum of Two Hundred
thousand dollars ($200,000.00) (the "Purchase Price"). Provided that the Closing
Conditions (as defined below) are satisfied by the Seller or otherwise waived by the
Buyer, Buyer shall deliver the Purchase Price per Lot to the City of Blair City Hall, 218
S. 16th Street, Blair, Nebraska, 68008 on or before the Closing Date (as defined below).
2.2 Payment. The Purchase Price shall be paid as follows:
a. Earnest Deposit. The Seller requires a Non-refundable Earnest Money
Deposit in the amount of Ten Thousand Dollars ($10,000.00) and will maintain a lien on
the Property in the sum of Nineteen thousand dollars ($19,000.00) per Lot during the
construction of a home on the Lot and through closing on that particular Lot. Buyer
agrees to sign any legal document necessary to effectuate or maintain the Seller's lien
in the property.
b. Balance. The balance of the Purchase price of Nineteen thousand
dollars ($19,000.00) per Lot shall be paid by Buyer to Seller in certified funds or by wire
transfer to the City of Blair on the Closing Date of the Lot.
ARTICLE III
2
CLOSING
3.1 Closinq Date. Subject to the fulfillment or waiver of the Closing Conditions
set forth in Sections 3.4 and 3.5 hereof, and provided that the terms and time periods
provided for in this Agreement with respect to the examination of title of the Property are
met, the closing of the sale of a lot (the "Closing") shall occur no later than the closing of
the sale of the house constructed on the Lot.
3.2. Place of Closing. The place of Closing shall be held at the City of Blair
City Hall, 218 S. 16th Street, Blair, Nebraska, 68008.
3.3. Condition Date. The Condition Date shall be defined as the period of time
outlined in Article I, Section 1.4.
3.4. Conditions to Buyer's Obligation to Close.
a. Marketability of Title. The Buyer shall have ordered a title search to
establish the marketability of title to the Property, and Seller shall have satisfied
or cured any of Buyer's objections to the marketability of title to the Property.
Buyer's failure to conduct, or waiver of, such title search shall evidence Buyer's
satisfaction of the marketability of title to such Property.
b. City Council Approval of Sale. The City of Blair City Council shall
have approved the sale of the Property pursuant to the terms and conditions of
this Purchase Agreement.
C. Remonstrance Period. The remonstrance period required by state
law, Neb. Rev. Stat. X16-201, shall have been completed without any petitions
objecting to the sale of the property which would prevent the Seller from selling
the Property at the date of Closing.
d. Seller's Representations and Warranties. All of Seller's
representations and warranties set forth in this Agreement shall be true and
accurate as of the date of Closing.
e. Seller's Performance of Covenants and Agreements. Seller shall
have observed and performed all of Seller's covenants and agreements set forth
in this Agreement as of the date of closing.
In the event any of these conditions are not satisfied in the time period
3
stated, Buyer may terminate this Agreement by notice to the Seller in writing, and
neither party shall have any further duties, obligations, or rights hereunder, other than
indemnity and other obligations that are to survive termination in accordance with the
terms of this Agreement.
3.5. Conditions on Seller's Obligation to Close. Seller's obligation under this
Agreement are specifically conditioned upon the satisfaction of all the following
conditions:
a. Buyer's Representations and Warranties. All of Buyer's
representations and warranties set forth in this Agreement shall be true and
accurate as of the date of closing.
b. Buyer's Performance of Covenants and Agreements. Buyer shall
have observed and performed all of Buyer's covenants and agreements set forth
in this Agreement as of the date of closing.
In the event any of these conditions are not satisfied in the time period
stated, Seller may terminate this Agreement by notice to the Buyer in writing, and
neither party shall have any further duties, obligations, or rights hereunder, other than
indemnity and other obligations that are to survive termination in accordance with the
terms of this Agreement.
ARTICLE IV
CLOSING DELIVERIES
4.1 Seller's Deliveries at Closing. At the Closing, Seller shall deliver to the
Buyer:
a. A duly executed and acknowledged Quitclaim Deed, conveying title
to the individual Lot being sold;
b. A standard Seller's Disclosure Statement;
C. All other Seller documents necessary to close this transaction in
accordance with the terms of this Agreement; and
d. Possession of the Lot.
4.2. Buyer's Deliveries at Closing. At the Closing, Buyer shall deliver to
the Seller:
a. Evidence of the Buyer's capacity and lawful authority to perform the
obligations of this transaction;
M
b. All other Buyer documents necessary to close this transaction in
accordance with the terms of this Agreement; and
C. The purchase price per Lot for the Lot beings sold pursuant to this
Agreement.
ARTICLE V
EXPENSES TO BE PAID AT OR PRIOR TO CLOSING
5.1. Buyer's Closing Costs. On the Closing Date, Buyer shall pay the
following, if applicable:
above;
The balance of the Purchase Price due at Closing as set forth
b. All recording fees upon the Quitclaim Deed;
C. Title Commitment costs, if any;
d. The entire cost of the Owner's Title Insurance Police, if any;
e. Closing fees charged by the Title Company, if any; and
f. Taxes which may accrue on the property, if any.
5.2. Seller's Closing Costs. On or before the Closing Date, Seller shall pay, if
applicable:
a. None.
ARTICLE VI
REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER
Seller warrants, represents and covenants as follows, each and every one of
which shall be true in all material respects on the Closing Date unless specifically
waived in writing by the Buyer:
6.1. Absence of Claims. There are no pending or, to the Seller's knowledge,
threatened litigations, proceedings, code violations, claims or investigations, including
without limitation any such pending or threatened litigations, etc., by any government
authority or insurance underwriter and no contract or agreement to which Seller is a
party, which relates in any way to the Property or which on or after the Closing Date will
adversely affect the Property.
6.2. Title and Authority. Seller owns the Property and has all necessary and
lawful authority to enter into this Agreement to sell and convey the Property to the Buyer
as provided in this Agreement and to carry out Seller's obligations hereunder.
ARTICLE VII
MISCELLANEOUS
7.1. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, executors, administrators,
legal representatives, successors and assigns. This Agreement shall survive Closing
and shall not be deemed to be merged into any deed or other document delivered at
Closing.
7.2. Entire Agreement. This Agreement contains the entire Agreement of the
parties hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the sale and purchase of the Property, and this
Agreement cannot be changed except by the parties' written consent.
7.3. Conveyance of Title. This Agreement shall not, by itself, be construed as
a conveyance of title by Seller to Buyer.
7.4. Jurisdiction and Governing Law. This Agreement shall be construed
under and in accordance with the laws of the State of Nebraska. The Parties agree to
the exclusive personal jurisdiction in the courts located in Washington County,
Nebraska. Any dispute arising from this contractual relationship shall be governed solely
and exclusively by Nebraska law.
SELLER:
CITY OF BLAIR, NEBRASKA
BY
JAMES REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
IX
(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
On this —q— day of April, 2018 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came James Realph, Mayor of the
City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to
the foregoing agreement and acknowledged the execution thereof to be his voluntary act and
deed.
WITNESS my hand and Notarial Seal the day and year last above written.
J, )
NOTA UBLIC
GENERAL NOTARY. State of Nebraska
ALEJANDRA TORRES
�m My Comm. Exp. April 27, 2020
PURCHASER:
HUNTINGTON HOMES
PAP
114
MARTY EVANS o/b/o
HUNTINGTON HOMES
601 N. 108th Circle
Omaha, NE 68154
STATE OF NEBRASKA
F
) -ss:
WASHINGTON COUNTY )
On thisC/ day of April, 2018 before me, the undersigned a Notary Public, duly
commissioned and ualified for in said county, personally came Marty Evans, o/b/o Huntington
Homes, Buyer, to me known to be the identical person whose name is affixed to the foregoing
agreement and acknowledged the execution thereof to be his/her voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
NOTARY, BLIC
GENERAL NOTARY - State of Nebraska
ALEJANDRA TORRES
My Comm. Exp. April 27, 2020
EV