2424ORDINANCE NO. 2424
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOTS 52, 53, 54, 55 AND 56,
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IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID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 O'Dell Enterprises, Inc.,
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 One Hundred Thousand Dollars
($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repealed.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
RI HARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
® BRASKA )
:ss:
M-1
9
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.
62��-A 11L� ...-
BRENDA WHEELER, CITY CLERK
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (the "Agreement") is made and entered into on this
1- day of �,e c� <r , 20 24 , (the "Effective Date"), by and between the City of Blau
("Seller") and O'Dell Enterprises, Inc. ("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 52, 53, 54, 55, and 56, Transformation Hill Addition, City of Blair, Washington
County, Nebraska, and
WHEREAS, Buyer wishes to purchase the Five (5) lots above and start construction of a
new house on each lot by June 1, 2021 (collectively, the "Property"), 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 I
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 property 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
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 secure a building permit and start construction on each of the lots by June
1, 2021. Buyer agrees that any lot(s) where Buyer has not secured a building permit and started
construction by June 1, 2021, 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. If the Buyer
fails 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 One Hundred Thousand Dollars
($100,000.00) (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.
2
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.
c. Surveyor's Certificates. The seller agrees to pay 1/2 of the cost of a
"Surveyor's Flood Plain Elevation Certificate" if required on any lots needed to satisfy any lending
institution requirements.
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, unless otherwise agreed to by Seller.
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.
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
3
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.
C. 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 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, Seller shall deliver to the Buyer:
a. A duly executed and acknowledged Quitclaim Deed, conveying title to the
individual Lot being sold;
4
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 Deliveries at 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
C. 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:
a. The balance of the Purchase Price due at Closing as set forth above;
b. All recording fees upon the Quitclaim Deed;
C. Title Commitment costs, if any;
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 every one 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
5
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 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.
ATTEST:
N
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
SELLER:
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
9
WASHINGTON COUNTY )
On this day of , 2021 before me, the undersigned a Notary Public,
duly commissioned and qualified for id/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.
GENERAL NOTARY -State of Nebraska
II SARAH BACKMAN
—_ My Comm. Exp. April 10, 2021
STATE OF NEBRASKA )
ss:
�\JbSKiD4knCOUNTY )
(1/1*11 01 .
NOTARY PUBLIC
PURCHASER:
O'DELL ENTERPRISES, INC.
BY
_ a0i
Tim O'Dell
O'Dell Enterprises, Inc.
1940 Ridgeview Rd
Blair NE 68008
On this 7- � day of -j cxF=v Ck, C(.= I , 2021 before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came Tim O'Dell, O'Dell
Enterprises, Inc., 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 my hand and Notarial Seal the day and year last above written.
GENERAL NOTARY - State of Nebraska4, i
BRENDA R WHEELER € "i
My Comm. Exp. June 20, 2o2a NOTARY PUBLIC
7
AFFIDAVIT OF PUBLICATION
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
les Manager Signature
Subscribed in my presence, and sworn to before me
this 2nd day of February, 2021.
Notary Public
GENERAL NOTARY- State of Nebraska
!p SHAUNA GERKE
— My Comm. Exp. July 24, 2023
Printers Fee For Publishing This Notice $ 22.95
Preparation of Affidavit and Billing $ 0.00
Notary Fees $ 0.00
Copy $ 0.00
25% discount for minutes $
TOTAL $ 22.95