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2425ORDINANCE NO. 2425 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE LOT 3, YMCA WILSONS 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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 Papio-Missouri River Natural Resources District whereby the City agrees to sell the real estate described hereinabove for the sum of One Hundred Thousand Dollar ($100,000.00) 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 26th day of January 2021. CITY OF BLAIR, NEBRASKA BY RICHARD HANSEN, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK OF L) BRASKA ) Areo'�6 ) :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 Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of January 2021. &-,A t-(jk-�� BRENDA WHEELER, CITY CLERK AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT made this'2-( day of January, 2021 by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Papio-Missouri River Natural Resources District, hereinafter referred to as "Buyer". WITNESSETH: Seller agrees to sell and convey to the Buyer by Special Warranty Deed in a form reasonably acceptable to Buyer, free and clear of all encumbrances, except easements and restrictions of record, the following described real estate, to -wit (the "Property"): LEGAL DESCRIPTION Lot 3, YMCA Wilson's Addition, Blair, Washington County, Nebraska The said Buyer agrees to purchase said Property on the following terms and conditions, to - wit: The purchase price therefore is agreed to be the sum of One Hundred Thousand Dollars ($100,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before forty-five (45) days following the expiration of the Due Diligence Period (as defined below), or on such other date as mutually agreed to by the parties. It is understood and agreed by and between the parties hereto that Buyer shall receive exclusive possession of the Property upon closing. 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 real estate at time of sale. Such reserved easement shall be included in the Special Warranty Deed or by separate instrument mutually acceptable to the parties that will be recorded prior to closing. Buyer shall until 11:49 P.M. CST on the June 15, 2021 (such period, the "Due Diligence Period") to make any due diligence investigations Buyer desires to perform and any inspections regarding zoning, title, deed restrictions, environmental and physical condition of the Property, hazardous materials, and applicable laws. Buyer may terminate this Agreement at any time during the Due Diligence Period for any or no reason by providing written notice of termination to Seller. The parties acknowledge and agree that each of the following shall be a condition precedent to Buyer's obligation to close on its acquisition of the Property: (1) The Property's title, physical and environmental condition, and legal compliance are acceptable to Buyer. (2) Buyer shall have received from all applicable authorities approvals and/or certification(s) satisfactory to Buyer in its sole discretion that (A) Buyer can HB: 4842-1586-5044.2 subdivide or combine the Property with the adjacent lot upon which Buyer's existing structure is located, (B) the Property is zoned for Buyer's intended use, and (C) no proceedings of any kind are pending or threatened to alter or revoke such zoning. All costs incurred in connection with obtaining such certifications shall be paid by Buyer. Seller shall use commercially reasonable efforts to assist and support Buyer in obtaining such certification(s), and if any rezoning, subdivision or lot combination is required, Seller shall cooperate and support Buyer's effort to rezone, subdivide or combine the Property with the adjacent lot owned by Buyer. (3) Buyer shall have obtained all assurances necessary from the Seller and any other governmental authorities having jurisdiction over the Property or uses thereon with regard to the permits, variances and approvals necessary for Buyer's construction activities on and the development and use of the Property. All costs incurred in connection with obtaining such permits, variances and approvals shall be paid by Buyer. Seller shall use all commercially reasonable efforts to assist and support Buyer in obtaining all such permits, variances and approvals. (4) Buyer shall have obtained a Phase I environmental site assessment certifying to Buyer that the Property is free and clear of all hazardous materials and recognized environmental conditions. (5) The Property shall have unrestricted access to and from the public streets, highways, and alleys abutting the Property. In the event that any of the above conditions have not been satisfied or waived in writing by Buyer on or before the closing, then Buyer shall have the right to terminate this by delivering written notice to that effect to Seller, in which event, without further action of the parties, this Agreement shall become null and void and neither party shall have any further rights or obligations under this Agreement, except for those expressly surviving termination. The Buyer shall be responsible for the purchase price, surveys, closing costs, recording fees, and any other costs, at the time of Closing. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said Property showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance will be paid by the Buyer. The Seller specifically makes no warranties or representations as to the condition of the Property nor their usability as may be intended by the Buyer. The Buyer is purchasing the Property "as is". The Buyer is not relying upon any representations made with reference thereto by the Seller except those set forth herein. 2 HB: 4842-1586-5044.2 This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Seller wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the entire purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of the purchase price. In the event of any failure by a party to perform any term, covenant, agreement or obligation of this Agreement to be observed or performed by that party, the other party shall so notify the defaulting party of such failure, and the defaulting party shall have ten days after receipt of written notice of such failure to cure such failure. If the defaulting party fails to cure such failure within said ten-day period, the defaulting party shall be in default hereunder. If the Buyer is the defaulting party, Seller shall be entitled to terminate this Agreement by written notice to Buyer, as Seller's sole and exclusive remedy by reason of a default by Buyer under this Agreement, and Seller hereby waives and releases any right to sue Buyer, and hereby covenants not to sue Buyer, for specific performance of this Agreement. If Seller shall be the defaulting party, Buyer may, as Buyer's sole and exclusive remedies, either (i) obtain specific performance of this Agreement against Seller, or (ii) terminate this Agreement by written notice to Seller. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGES TO FOLLOW] HB: 4842-1586-5044.2 This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA BY f M RICHARD HANSEN, MAYOR ATTEST: ) :ss: WASHINGTON COUNTY ) On this ?-6- day of January, 2021 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. NOTARY PUBLI za GENERAL NOTARY -State of Nebraska SARAH BACKMAN My Comm. Exp. April 10, 2021 4 HB: 4842-1586-5044.2 PURCHASER: PAPI . SOURI RIVER NATURAL RESOURCES DISTRICT , General Manager ori River Natural Resources District 8901 S. 15411 Street Omaha, NE 68138 STATE OF NEBRASKA ) ) :ss: SARPY COUNTY ) On this day 20� before me, the undersigned a Notary Public, duly commissioned and nuallfied for said county, personally came John Winkler, General Manager of the Papio-Missouri River Natural Resources District, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof on behalf of said district. WITNESS my hand and Notarial Seal the day and year last above written. X NERAL NOTARY - State of Nebraska MARTIN PAUL CLEVELAND My Comm. Exp, July 31, 2024 fir NOTARY PUBLIC 5 HB: 4842-1586-5044.2 State of Nebraska, County of Washington Lynette Hansen, Being by me first duly sworn, deposes and says that she is the Sales Manager 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 3000 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 1 consecutive week(s) being the issues of. February 2, 2021 �r n f Shles Manager Signature Subscribed in my presence, and sworn to before me this 2nd day of February, 2021. Notary Public GENERAL NOTARY • &ate of Nebraska 1N SHAUNA GERKE My Comm. Exp. July 24, 2023 Printers Fee For Publishing This Notice $ 22.50 Preparation of Affidavit and Billing $ 0.00 Notary Fees $ 0.00 Copy $ 0.00 25% discount for minutes $ TOTAL $ 22.50