2383ORDINANCE NO. 2383
COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOTS 35, 40 AND 41,
TRANSFORMATION HILL ADDITION, CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA; 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, 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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 Cleric to execute and deliver
a Purchase Agreement by and between the City of Blair, Nebraska, and Bader Construction,
whereby the City agrees to sell the real estate described hereinabove for the sum of Twenty
Thousand Dollar ($20,000.00) per Lot for the total sum of Sixty Thousand Dollars ($60,000.00)
and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked
Exhibit "A".
SECTION 2. The Mayor and City Cleric 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repealed.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 27th day of August, 2019.
CITY OY BLAIR, NEBRASKA
RICHARD HA SEN, MAYOR
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 27th day
of August, 2019.
BRENDA WHEELER, CITY CLERK
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (the "Agreement") is made and entered into on this
day of 4 , 2019, (the "Effective Date"), by and between the City of Blair
("Seller") and Bader Construction, LLC ("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 35, 40, and 41, Transformation Hill Addition, City of Blair, Washington County,
Nebraska; and
WHEREAS, Buyer wishes to purchase all three (3) 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 Bights,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 one year (365 days) of
the date of this agreement. Buyer shall have One Hundred and Twenty (120) days from the
"Effective Date", to secure a building permit and start construction of the first house on one of
the Lots. Buyer agrees that any lot(s) where Buyer has not secured a building permit and started
construction within one year (365 days) 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. The Buyer specifically understands that there are covenants filed
against the deed of the property which also incorporate that one of the lots purchased must have
a permit and commence constriction within the One Hundred and Twenty (120) days and all lots
purchased must have a permit and commence construction within one year (365 days). From the
time the Buyer receives a permit on a Lot, it has One Year (365 days) to complete the house on
that Lot. If the Buyer fails to comply with this provision and the covenants, the Buyer shall bear
all costs and attorney fees of the City of Blair associated with the City of Blair having to enforce
the Agreement and Covenants.
1.5. Sidewalks and Assessments. The Buyer will be responsible for the
construction of any sidewalk or other assessments, excluding assessments for paving, water, and
sewer, which may be made, and which are attributable to the Property.
ARTICLE II
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 Sixty Thousand dollars
($60,000.00) (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 moment. The Purchase Price shall be paid as follows;
a. Earnest Deposit. The Seller does not require a Non-refimdable Earnest Money
Deposit, BUT will maintain a lien on the Property in the sum of Twenty Thousand Dollars
($20,000.00) 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. Buyer specifically understands that the City of Blair lien shall
receive first priority as a lien and shall not be subordinate to any other lien, including banks or
financial institutions. If the Buyer obtains financing for the purchase price of the Lot, the Buyer
specifically understands that the Seller will not be subordinating its interest to any other third
party, including the bank or financial institution.
b. Balance. The balance of the Purchase price of Twenty Thousand dollars
($20,000.00) 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
CLOSING
3.1 Closing 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. This means that when the Buyer sells the first Lot, the Seller shall be
paid the remaining balance of the Twenty Thousand Dollars ($20,000.00) at the time that the sale
of the house occurs. The Seller will continue to have liens in the second (and third, if applicable)
lot(s) until the homes constructed on those home(s) sell.
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. §16-201, 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
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. This includes the Buyer providing proof of
financing, showing proof of financing to build a home, building plans, and who the
builder is.
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.
Buyer:
ARTICLE IV
CLOSING DELIVERIES
4.1 Seller's Deliveries at Closing. At the Closing, Seller shall deliver to the
a. A duly executed and acknowledged Quitclaim Deed, conveying title to
the individual Lot being sold;
b. All other Seller documents necessary to close this transaction in
accordance with the terms of this Agreement; and
C. 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;
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.
d. Proof of Compliance with Covenants including but not limited to
showing proof of financing to build a home, building plans, and who the builder is.
e. Acknowledgement of receipt of Covenants and agreement to abide by
those Covenants.
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:
a. The balance of the Purchase Price due at Closing as set forth above;
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
HANSEN, MAYOR
ATTEST:
t
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
On this aj day of August, 2019 before me, the
undersigned a Notary Public, duly commissioned and qualified
for in said county, personally came Richard Hansen, 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.
GENERAL NOTARY -State of Nebraska
6 SNDA R WHEELER
My Comm. Exp, June 20, 2020
PUBLIC
NOTARY
PURCHASER:
Bader Construction LLC
BY
Brad Bader, o/b/o
Bader Construction LLC
17225 Clay Street
Bennington, NE 68007
STATE OF NEBRASKA )
) ss:
lf*,"s COUNTY )
On this day of August, 2019 before me, the
undersigned a Notary Public, duly commissioned and qualified
for in said county, personally came Brad Bader, o/b/o Bader
Construction LLC, 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.
GENERAL NOTARY . State of Netneskg
TRAVIS GARRET80N
® My Comm. Exp. May 8, 2023
1
NOTARY PUBLIC