2019-08-27 WSG Inc - Trans. Hill - Gave Lots BackBrenda Wheeler
From:
Nolan Ausan <Nolan.Ausan@buildwarrior.com>
Sent:
Wednesday, December 2, 2020 9:06 PM
To:
Rodney Storm
Cc:
Brenda Wheeler
Subject:
Re: Blair Lots
We will pass as the house we built still hasn't sold
Kind Regards,
Nolan Ausan Sr
402-949-1701
calendly.com/nolanausan
From: Rodney Storm <rstorm@blairnebraska.org>
Sent: Wednesday, December 2, 2020 11:13:58 AM
To: Nolan Ausan <Nolan.Ausan@buildwarrior.com>
Cc: Brenda Wheeler <brwheeler@blairnebraska.org>
Subject: Blair Lots
Nolan : it's been just over a year ago that we did the purchase agreement with you for three lots in the Transformation
Hill subdivision. Per that agreement you were to start one new house within 120 days. To date you have not built a new
home on any of the three lots. Please respond back to this email with your intention.
We have held the three lots for you and will honor the agreement if you are prepared to move forward. If you have no
intention on building on these lots then please let me know so I can make them available to other builders. We have had
a lot of interest in building since the announcement of the new $85,000,000 Dollar General Distribution center with 400
jobs was announce last month.
If you do not respond by January 4'" then I will automatically void the agreement.
Rod Storm
City Administrator
City of Blair
MWMR : l
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOTS 34, 52 AND 53,
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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 Clerk to execute and deliver
a Purchase Agreement by and between the City of Blair, Nebraska, and WSG, Inc., 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 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 27th day of August, 2019.
CITY OF BLAIR, NEBRASKA
A --
RICHARD HANSEN, 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
This Real Estate Purchase Agreement (the "Agreement") is made and
entered into on thi l A ay of , 2019, (the "Effective Date"), by
and between the City of Blair ("Seller") and WSG Inc. ("Buyer"). The "Effective
Date" of this Agreement shall be the ten (10) days after the date of the
Ordinance Publication.
WHEREAS, Seller owns certain real property, at the Legal Description:
Lots 34, 52, and 53, 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:
1.1 hi-hts, 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
representa Lions 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 construction 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.
PRICEARTICLE 11
PURCHASE 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
2
of Blair City Hall, 218 S. 16th Street, Blair, Nebraska, 68008 on or before the
Closing Date (as defined. below).
2.2 Pa.. men . The Purchase Price shall be paid as follows:
a. Earnest Deposit, The Seller does not require a Non-refundable
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
CL®SING
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 1, Section 1.4.
14
;� ✓
.' 3
3.4. Conditions to Buyer's Obligation to Close.
a. Marketabilitv'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
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.
ARTICLE IV
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. 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.
5
ARTICLE V
EXPENSES O 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.
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 La . 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.
CITY OF ti NEBRASKA
ATTEST:
V ,.
t hi,
BRENDA WHEELER, CITY CLERK
(SEAL)
BY
RICHARD HANSEN, MAYOR
r�
7
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
On this g 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
�� BRENDA R WHEELER
MY COMM. Exp. June 20, 2020
NOTARY PUBLIC
PURCHASER:
WSG Inc.
BY
Nolan Ausan, o b/o
WSG Inc.
8704 S 169th St
Omaha, NE, 68136
STATE OF NEBRASKA )
) ss:
� - COUNTY )
On this day of August, 2019 before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came Nolan Ausan,
o/b/o WSG Inc., 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 Nebraska
NANCY C HANSEN f o
My Comm. Exp. FebruAry 10, 2022 Ir� —
N TARYt PB I1 C
0
State of Nebraska, County of Washington
Chris Rhoades, Being by me first duly sworn,
deposes and says that he is the Associate Publisher
of THE PILOT -TRIBUNE, a legal weekly
newspaper printed and published at Blair, in
Washington County, Nebraska and of general
circulation in said County and State: that said
newspaper has a bona fide circulation of more
than 3,000 copies weekly, in said County: and has
been published in said County for more than 52
successive weeks prior to the first publication of
the attached notice, that the attached notice was
published in said newspaper for 3 consecutive
week(s) being the issues of.
September 3, 2019
September 10, 2019
September 17, 2019
As&ffn—a—te Publisher Signature
Subscribed in my presence, and sworn to before me
This 17th day of September 2019.
j 4w�—� � '&�
Notary Public
GN=RAL NOTARY - State of Nebraska
Ip SHAUNA GERKE
My Comm. Exp. July 24, 2023
Printers Fee For Publishing This Notice $ 39.12
Preparation of Affidavit(s) and Billing $
Notary Fees $
Copy $
25% discount for minutes $
TOTAL $ 39.12