Resolution 2013-40RESOLUTION NO. 2013-40
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the City of Blair, Nebraska, a
Municipal Corporation, as Buyers and the Blair Area Young Men's Christian Association
as Seller, has been prepared and presented to the City Council for the City of Blair,
Nebraska. Said Purchase Agreement provides for the terms and provisions for the
purchase by the City of Blair of the following property;
LOTS 2 AND 3, YMCA WILSONS ADDITION, CITY OF BLAIR, NEBRASKA
PARCEL #5 890083846, LOT 2
890087779, LOT 3
WHEREAS, the Purchase Agreement is attached hereto and marked as Exhibit
"A" and by this reference made part hereof, and;
WHEREAS, the terms and conditions of the Purchase Agreement are acceptable
to the municipality.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Purchase Agreement
referred to hereinabove is hereby adopted and accepted by the City of Blair and the
Mayor is hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER
CHRISTIANSEN. UPON ROLL CALL, COUNCIL MEMBERS STEWART,
CHRISTIANSEN, JENSEN AND ANDERSEN VOTING "AYE", AND COUNCIL
MEMBERS SHEPARD, KEPHART AND RYAN VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
12TH DAY OF NOVEMBER, 2013.
CITY OF BLAIR, NEBRASKA
A S REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
BRENDA 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 Resolution
was passed at a regular meeting of the Mayor and City Council of said City held on the
12th day of November, 2013.
BRENDA WHEELER, City Clerk
PURCHASE AGREEMENT— REAL ESTATE
V ,'a 6n, , 2013
This Purchase Agreement made and entered into by and between Blair Area
Young Men's Christian Association, a Nebraska Non -Profit Corporation, hereinafter
referred to as "Seller", and the City of Blair, Nebraska, hereinafter referred to as "Buyer".
Now, therefore, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the parties hereby agree as follows:
1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to
purchase, at the price and on the terms hereinafter set forth, the following described
property, including but limited to all fixtures, improvements, structures, buildings, etc.,
located thereon and legally described as follows:
(a) Legal Description of Real Estate.
LOTS 2 AND 3, YMCA WILSONS ADDITION, CITY OF BLAIR, NEBRASKA
PARCEL #5 890083846, LOT 2
890087779, LOT 3
2. Purchase Price and Terms of Payment. The purchase price for the aforesaid
real and personal property being purchased by the Buyer is in the sum of an amount equal
to the sum of Two Hundred Forty Thousand Dollars ($240,000) cash.
3. Closing Date. The closing date for the transaction shall be on or before
January 31, 2014. Closing shall occur at the office of the City of Blair, Nebraska.
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an
abstract of title. Seller shall provide Buyer with a commitment for title insurance,
showing good and marketable title in Seller, and the policy of title insurance shall be
issued by said title insurance company on its standard form, with such printed exceptions
as appear on the form and any further exceptions and encumbrances as are acceptable to
Buyer. Written notice of any such defects, including any easements, restrictions or other
matters affecting title to the property contained in the updated commitment that is
unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14)
days of receipt of the commitment of title insurance. Seller has no obligation to cure any
defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction
of Buyer within a reasonable time thereafter, and if said defects are not so cured within a
reasonable amount of time, then either party may terminate this Agreement. Seller and
Buyer agree to equally divide the total cost of the title insurance premium.
5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of
the real estate purchased, Seller shall cause to be conveyed to Buyer marketable fee
simple title in and to said real estate described hereinabove, by proper Warranty Deed.
6. General Real Estate Taxes. Real estate taxes for 2013 and all prior years
shall be paid by Seller. Real estate taxes for 2014 shall be prorated to the date of
possession. (Basis for the proration shall be the most recent real estate tax statement.)
The Buyers shall pay all general real estate taxes from the closing date, and all
subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior
calendar years.
7. Possession. Seller's tenant shall have exclusive possession of the property
until date of closing. Any risk of loss to the property shall be borne by Seller's tenant
until title has been conveyed to Buyer. In the event prior to closing the structures on said
real estate are materially damaged by fire, explosion or any other cause, Buyer shall have
the right to rescind this Agreement.
Buyer shall assume all risk of loss from and after date of closing.
8. Specific Performance. It is understood and agreed that both parties retain their
right to bring action for a specific performance of the terms of this Agreement in the
event the other party is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence. Time shall be of the essence in this Agreement for all
times (dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title. It is understood and agreed that this Agreement shall in
no manner be construed to convey title to said property or to give any right to take
possession thereof.
11. Other Terms of Agreement.
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) Buyer agrees to pay for the cost of the Purchase Agreement and the cost
Of escrow closing shall be equally split between the parties.
(c) This Agreement contains the entire understanding among the parties
and supercedes any prior understanding among the parties and
agreements between them respecting the within subject matter. There
are no representations, agreements, arrangements or understandings
oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
BLAIR AREA YOUNG MENS'
CHRISTIAN ASSOCIATION
� y
ATTEST:
ATTEST:
3
BRENDA WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
was acknowledged before me on Wovemb a
The fo egoing in:
2013, by Ale 1
CITY OF BLAIR, NEBRASKA, BUYER
By
IAI IA E ALPH, MAYOR
BARBARA A CASS
Vote of Nebraska -General Notary
My Commission Expues
February 10, 2 01 7
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
Notary Public
The foregoing instrument was acknowledged before me on ke ,
2013, by :-, & s _ s i : € n ge
GENERAL NOTARY • State of Nebraska Notary Public
BRENDA R WHEELER Y
My Comm. Exp. June 20, 2016