2020-09-22 PA Attachment AAttachment A
PURCHASE AGREEMENT— Real Estate
September 17, 2020
This Purchase Agreement made and entered into by and between Gateway Development
Corporation, 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, legally described as
follows:
(a) Legal Description of Real Estate.
A tract of land located in Tax Lots 249, 250 and 158, in Section 13, Township 18 north,
Range 11 east of the 6th Principal Meridian, Washington County, Nebraska, more particularly
described as follows: Beginning at the center of Section 13, said center also being the northeast
comer of Tax Lot 185, said center also being the northwest corner of Tax Lot 226, said center
also being the southeast corner of Tax Lot 158; thence S87°42'38"W (assumed bearing) along
the south line of said Tax Lot 158, said line also being the north line of said Tax Lot 185, a
distance of 293.26 feet, to the southwest corner of said Tax Lot 158, said corner also being the
southeast corner of Tax Lot 230; thence NOVI8'52"W along the west line of said Tax Lot 158,
said line also being the east line of Tax Lot 230, a distance of 190.68 feet, to the northeast corner
of said Tax Lot 230, said corner also being the southeast corner of Tax Lot 179; thence
N06°27'51"W, a distance of 800.80 feet; thence N32°57'10"W, a distance of 349.97 feet, to a
point on the north line of said Tax Lot 249, said point also being on the south right-of-way line
of Wilbur Street; thence N87°42'31"E along said north line of Tax Lot 249, said line also being
said south right-of-way line of Wilbur Street, a distance of 568.64 feet, to the northeast corner of
said Tax Lot 249, said corner also being the west corner of said Tax Lot 250; thence
S02°20'24"E, a distance of 723.90 feet; thence southeast on a curve to the left, having a radius of
320.00 feet, a curve length of 171.68 feet, and whose long chord bears S17°42'35"E, a distance
of 169.63 feet; thence S33°04'46"E, a distance of 412.15 feet; thence southeast on a curve to the
right, having a radius of 380.00 feet, a curve length of 89.50 feet, and whose long chord bears
S26°19'55"E, a distance of 89.30 feet, to a point on the south line of said Tax Lot 250; thence
S87°39'52"W along said south line of Tax Lot 250, said line also being the north line of said Tax
Lot 226, a distance of 324.94 feet, to the point of beginning. Said tract of land contains 574,050
square feet, or 13.18 acres, more or less.
2. Purchase Price and Terms of Payment. The purchase price paid to Seller for the
aforesaid real estate by the Buyer is Two Hundred Ninety Thousand, Eight Hundred Seventy
Thousand and No/l00's ($290,870.00) cash.
3. Closing Date. The closing date for the transaction shall be on or before November 30,
2020 or another date as agreed to in writing by the parties. Closing shall occur at a mutually
agreed upon location in Blair, NE. The cost of escrow closing shall be paid by Buyer. The
closing shall be handled by buyer or an agreed upon closing company.
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 parry 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 conveying marketable fee simple
title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the
following:
(a) General Real Estate Taxes. Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. General Real Estate Taxes. Real estate taxes for 2020 and all prior years shall be
paid by Seller. The Seller shall pay all real estate taxes, if any, owing for prior calendar years up
to date of closing.
7. Possession. Buyer shall have exclusive possession of the property after the date of
closing unless otherwise agreed to otherwise in writing by the parties.
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 parry 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.
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11. Hazardous Material: No hazardous or toxic material, substance, pollutant,
contaminant, waste, asbestos, or petroleum product has been released into the environment,
discharged, placed or disposed of at, near, on or under the surface of the Property. The Property
has not been used at any time by any person as a landfill or waste disposal site. There are no
underground tanks or other storage units which have or have had any hazardous or toxic
material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored
therein. No claims, litigation, or administrative proceedings are pending or threatened, and no
judgments or orders have been entered relating to any hazardous substance, hazardous waste,
discharge, emission or other form of pollution relating in any wary to the Property. No
hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act,
as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated,
manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near
the Property.
12. 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.
(c) This Agreement contains the entire understanding among the parties
and supercedes any prior understanding among the patties 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.
Gateway Development Corporation,
a Nebrask o -pro t corporation
By:
Nam-eAfichael R
Its: Executive Director
CITY OF BLAIR, NEBRASKA, Buyer
By:
Name: Richard Hansen
Its: Mayor
c
ATTEST:
1
City Clerk
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on September 22, 2020, by
Riehard-uanseu,M.ayor. A � c ae—1 k wi(-s.
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NOTARY-SyafaofNebraskaRENDA R WHEELER➢ComM. Notary Public
EV. June 20, 2024