2388ORDINANCE NO. 2388
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOTS 37, 38 AND 39,
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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 Harvest Capital LLC,
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repealed.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 12th day of November 2019.
CITY OF BLAIR, NEBRASKA
C�z
RICHARD HAN EN, 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 12th day
of November, 2019.
?
BRENDA WHEELER, CITY CLERK
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (the "Agreement") is made and entered
into on this 12th day of November, 2019, (the "Effective Date"), by and between the City
of Blair ("Seller") and Harvest Capital 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 37, 38, and 39, 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 1
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 pr6per(y: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 (366 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 falls 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 Payment, 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
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.
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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
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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, Seiler 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 Deliveriesat 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
a 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:
above;
a. 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;
M
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 everyone 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
N
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
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
ss: .
WASHINGTON COUNTY )
�-
On this day of -Aug st, 2098 before me, the undersigned a Notary Public, duty
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.
7
GENERAL NOTARY -State of Nebraska ?
II BRENDA R WHEELER
My Comm. Exp. June 20, 2020 NOTARY PUBLIC
PURCHASER:
WSG Inc.
1 roy J, Haentler, o/a/o
Harvest Capital LLC
14722 Lake Street
Omaha, NE, 68116
STATE OF NEBRASKA
) ss:
PStg_COUNTY )
On this /Z- day of Attgast, 2019 before me, the undersigned a Notary Public, duly
commissioned and qualified for in said county, personally came Troy J. Haenfler o/b/o Harvest
Capital 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 Clay hand and Notarial Seal the day and year last above written.
GENERAL NOTARY -State of Nebraska
II BRENDA R WHEELER
�_ - My CommExp. June 20, 2020
NOTARY PUBLIC
1.1
NEWSPAPER - 3 TIMES
11/15//2019
11/22/2019
11/29/2019
1PROOF
NOTICE OF PROPOSED SALE
The Mayor and City Council of the City of Blair, Nebraska, at their regular meeting held on
November 12, 2019 passed and approved Ordinance No. 2388 providing for the sale of the
following described real estate: LOTS 37, 38 and 39, TRANSFORMATION HILL ADDITION,
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. The above-described real estate is
being sold to Harvest Capital LLC pursuant to the terms and conditions of Ordinance 2388 and for
the purchase price of Twenty Thousand Dollar ($20,000.00) per Lot for the total sum of Sixty
Thousand Dollars ($60,000.00) The sale will be consummated unless, within thirty (30) days of
the passage and publication of such Ordinance No. 2388, a remonstrance is filed with the Blair
City Clerk against such sale, signed by registered voters equal in number to thirty percent (30%)
of the registered voters of the City voting at the last regular election.
BRENDA WHEELER, CITY CLERK
AFFIDAVIT OF PRINTER
State of Nebraska, County of Washington
Mark Rhoades, Being by me first duly sworn,
deposes and says that he is the Publisher of THE
ENTERPRISE, 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.
November 15, 2019
November 22, 2019
November 29, 2019
Publisher Signature
Subscribed in my presence, and sworn to before me
This 29"' day of November, 2019.
Notary Public
GENERAL NOTARY • Stale of Nebraska
SHAUNA GERKE
My Comm. Exp. July 24, 2023
Printers Fee For Publishing This Notice $ 35.66
Preparation of Affidavit and Billing $
Notary Fees $
Copy $
25% discount for minutes $
TOTAL $ 35.66