2004-02RESOLUTION NO. 2004 - 2
AIRPORT AUTHORITY FOR THE CITY OF BLAIR, NEBRASKA
WHEREAS, a revised Purchase Agreement between Gloria A. Nordstrom and Robert A.
Nordstrom, wife and husband, as Sellers and the Airport Authority for the City of Blair,
Nebraska, as Buyer, has been prepared and presented to the Board of Directors of the Airport
Authority for the City of Blair, Nebraska providing for the terms and provisions of the purchase
by the Airport Authority of the City of Blair, Nebraska for the purchase of Lots 3, 4, 5, 6 and 8
of Nordstrom's Second Addition, a subdivision of Tax Lots 13 and 14, lying in the East Half of
the Northeast Quarter of Section 25, Township 17 North, Range 12, East of the 6th P.M.,
Washington County, Nebraska, a copy of which Purchase Agreement is attached hereto, marked
Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the, terms and conditions of the revised Purchase Agreement are acceptable
to the Airport Authority for the City of Blair, Nebraska.
NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement and Addendum
referred to hereinabove is hereby adopted and accepted by the Airport Authority for the City of
Blair, Nebraska and the Chairman is hereby authorized and directed to execute same on behalf of
the Airport Authority for the City of Blair, Nebraska.
BOARD MEMBER MEYER MOVED THAT THE RESOLUTION BE ADOPTED AS
READ
UPONL CALL, HICH BOARD M MBERS OUR; ,VAN� �2A O� COMBS
BOARD MEMBERS NONE VOTING "NAY", THE CHAIRMAN DECLARED
THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 20TH DAY OF MOXXeX, APRIL
2004.
AIRPORT AUTHORITY FOR THE CITY OF BLAIR
BY
Chairman
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PURCHASE AGREEMENT = Real Estate
This Purchase Agreement made and entered into by and between GLORIA A.
NORDSTROM and ROBERT A. NORDSTROM, wife and husband, hereinafter referred to as
"Seller" and the City of Blair, Nebraska, by and through the Airport Authority of the City of
Blair, Nebraska, hereinafter referred to as "Buyer".
WHEREAS, Buyer has the power to acquire, by purchase or condemnation, real property
or rights or easements necessary or convenient for its corporate purposes including the operation .
of an airport.
WHEREAS, Buyer informed Seller in writing -of Buyer's intent to acquire the real estate
described herein from Seller for the purpose of expansion of the Blair Airport.
WHEREAS, Buyer has notified. Seller'of its statutory authority to effect a condemnation
or requisition of the real estate described herein if such sale is not voluntarily agreed to.
WHEREAS, Seller has reasonable grounds to believe, from the information conveyed to
him by Buyer, that the necessary steps to condemn the real estate described herein will be
instituted if a voluntary sale is not consummated.
Now, therefore, on consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale. That Seller hereby agrees to sell to Buyer on the terms and conditions set
forth hereinafter, the following described property:
(a) Legal Description of Real Estate. All of Sellers' undivided
interests in and to the real estate legally described on the attached
Exhibit "A".
2. Purchase Price and Terms of Pa ent. The purchase price for the aforesaid real
estate being sold by Seller is in the sum of. ONE HUNDRED SEVENTY-EIGHT THOUSAND
ONE HUNDRED THIRTY and No/100-DOLLARS ($178,130.00).
3. Closing Date. The closing date shall be on or before dy/,s2
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an
abstract of title. Buyer shall provide Seller with a commitment for title insurance,_issued_through _ __-
a Licensed and registered title insurance company in the State of Nebraska, 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. Buyer agrees to furnish Seller
a written legal opinion showing defects, if any, in the title to the above-described property on or
before the date of closing. Seller, after written notice of defects is given, shall endeavor to have
the same cured 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. Buyer and Seller each agree to pay one-half (1/2) of the cost of 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 to
said real estate described hereinabove, by general Warranty Deed free and clear of all liens and
encumbrances.
6. General Real Estate Taxes. Real estate taxes for 2003 and prior years shall be
paid by Seller. Real estate taxes for 2004, if any, shall be prorated to the date of possession.
(Basis for the proration shall be the most recent real estate tax statement.) The Buyer 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, except Buyer shall pay and be
responsible for all recapture of greenbelt taxes.
7. Possession. Seller shall have exclusive possession of the above-described real
estate until the Closing Date. Any risk of loss to the property shall be borne by the Seller 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 lose from and after date of closing.
8. Specific Performance. It is understood and agreed that both parties retain their
_right.to. bring an aotion 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. Conveyance of Title. It is understood and agreed this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession
thereof.
10. Environmental Affidavit. Seller represents that he/she has no knowledge of any
adverse environmental conditions which affect the real estate, the value thereof or liability in
connection therewith, except such environmental conditions as have been fully disclosed in
writing to Buyer by Seller. Seller shall provide an Affidavit at closing, affirming the statement
made in the prior sentence as of the date of closing, directed to Buyer. If Seller is unable to
provide such an Affidavit because of facts discovered or made known to Seller after the date of
this Agreement, Buyer may elect, in Buyer's sole discretion, to either (i) accept the real estate
based -upon -such -Affidavit as Seller can -provide based -on the facts -then known; or (ii) terminate
this Agreement in which event all sums paid to Seller pursuant to, this Agreement shall be
returned to Buyer within five (5) business days and neither party shall have any further
obligation or liability to the other.
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11. Representations and Warranties of Seller. Seller represents and warrants to Buyer
as follows:
(a) Brokers. Seller has not entered into any contract, arrangement or understanding
with any person or firm which may result in the obligation of Buyer to pay .-dn'
finder's fees, brokerage fee or agent's commission or other like payment in
connection with the negotiations leading to this Agreement or the consummation
of the transactions contemplated hereby, and Seller is not aware of any claim or _
basis for any claim for payment of any finder's fees, brokerage fee or agent's
commission or other like payment in connection with the negotiations leading to
this Agreement or the consummation of the transactions contemplated thereby.
(b) Leasehold Interest. Seller has not entered any contract, lease, arrangement or
understanding, whether verbal or written, which in any way encumbers, restricts
or - subjects - the subject property to any claim for a leasehold interest. Seller
affirmatively states that all leasehold interests have been terminated or will be
terminated prior to date of closing.
(c} Hazardous MaterialTo the best of Seller's knowledge, no hazardous or toxic
material, substance, pollutant, contaminant, waste, asbestos or petroleum produce
has been released into the environment, discharged, placed or disposed of, at, or
near, or on the subject real estate. The subject real estate has not been used at any
time by any person as a landfill or waste disposal site. No claims, litigation,
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 way to the subject
real _ estate. No hazardous substance . or . hazardous . waste, as _. defined . by., the -
Resource Conservation Recovery Act, as amended, 42 USC §6901 et seq. of the
Comprehensive Environmental Response, Compensation and Liability Act, as
amended, 42 USC §6901 et seq, have been generated, manufactured, refined,
transported, treated, stored, handled or disposed of, on, at or near the subject real
estate.
12. Inspection and Testing. At any time after the date of this Agreement, Buyer and
its employees and agents shall have the right to enter upon the subject real estate and perform
such tests and inspections as it deems necessary to determine suitability of the subject property
for its intended use. Buyer shall restore the subject property to its original condition if such tests
alter the grade, compaction or vegetation.
13. Involuntary Conversion. Buyer agrees to cooperate with Seller, at no cost to
- - - Buyer, - to qualify Seller's - transfer -and- -conveyance -of -the -subject property as an involuntary
conversion under Section 1033 of the Internal Revenue Code of 1986, as amended, and
applicable treasury regulations.
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14. Other Terms of Agreement.
(a) Buyer shall pay all documentary stamp tax incurred as a. result of the sale to the
extent they are not exempt.
(b) The parties agree and understand that the real estate transaction shall be
performed by an escrow closing agent. The cost of the escrow closing agent shall
be paid by the Buyer.
(c) This Agreement shall be governed by and construed in accordance with the laws
of the State of Nebraska.
(d) The cost of a survey, if any, shall be borne by the Buyer.
(e) The parties agree that the Purchase Agreement of July 22, 2003 is of no force and
effect and is superceded in every respect by this Purchase Agreement.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties, their heirs, or representatives.
Seller
Gloria A. Nordstrom Robert A. Nordstrom
STATE OF NEBRASKA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me on the 7 day of
,IV PR/G , 2004, by Gloria A. Nordstrom and Robert A. Nordstrom.
Buyer:
City of Blair, Nebraska, by and
through the Airport Authority of
the City of Blair, Nebraska,
By: rti... z�-K
a—
dhairman
Notary Public
M
GENERAL NOTARY- State of Nebraska
CARL L HIBBELER
Comm. Exp. March 27, 2007
The foregoing instrument was acknowledged before me this �Z� day of
2004, by 6 ma to 9,Xe, , Chairman of the Airport Authority of the City of Blair,
Nebraska, on behalf of the ort Authority of the City of Blair, Nebraska.
M8M1. NM _ $W a Notary Public
BRENDA R. TAYLM
3096316&- My Comm. Exp. June 20, ZO
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EXHIBIT "A"
Legal Description of Real Estate
Lots 3, 4, 5 and 6 of Nordstrom's Second Subdivision, a subdivision of Tax
Lots 13 and 14, lying in the E 1/2 of the Northeast 1/4 of the Northeast 1/4 of
Section 25, AND Lot 8, Nordstrom's Second Subdivision, being a part of
Lot 2, Nordstrom's Second Subdivision, lying in the NE 1/4 of the NE 1/4
Of Section 25, all in Township 17 North, Range 11 East of the 6h P.M.,
Washington County, Nebraska.