2473ORDINANCE NO. 2473
COUNCIL MEMBER JENSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE LOT 3, SOUTH LOTH STREET
SUBDIVISION, 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 TARIN JENNINGS,
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HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE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 Tarin Jennings whereby
the City agrees to sell the real estate described hereinabove for the sum of Seventy Thousand
Dollars ($70,000.00) 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repealed.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 22nd day of February, 2022.
CITY OF BLAIR, NEBRASKA
BY '>
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
G��Y op 9i
BRASKA )
) :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 22nd
day of February 2022.
BRENDA WHEELER, CITY CLERK
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (the "Agreement") is made and entered into on this
day of 2022, (the "Effective Date"), by and between the City of Blair
("Seller") and Tarin Jennings ("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 3, of South 10"' Street Subdivision, City of Blair, Washington County, Nebraska, and
WHEREAS, Buyer wishes to purchase said lot above and for purpose of expanding a
current business in the City of Blair, 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 to Seller. 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
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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 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 by creation of water, sewer, and paving
improvement districts.
ARTICLE H
PURCHASE PRICE AND PAYMENT
2.1 Purchase Price. The total purchase price for the Property shall be the sum of
Seventy thousand dollars ($70,000.00) (the "Purchase Price") with the City of Blair responsible
for the payment of any and all assessments due or owed, which are currently estimated at
$50,000 for the construction of water main, sewer main and paving of 10", street as part of the
improvement district costs. 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 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 shall require a Non-refundable Earnest Money
Deposit, of $1,000 within ten days of the passage of the ordinance approving purchase
agreement.
b. Balance. The balance of the Purchase price of Sixty -Nine Thousand dollars
($69,000.00) 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.
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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. Closing Date. The closing of the sale of a lot (the "Closing") shall occur not
sooner than the thirty (30) days from the date of publication of the notice of remonstrance and
not later than 90 days from the date of the publication of the remonstrance notice.
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 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:
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a. Buyer's Representations and Warranties. All of Buyer's representations
and warranties set forth in this Agreement shall be title 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.
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;
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 for the Lot being sold pursuant to this Agreement.
d. Proof of Compliance with Covenants
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 Policy, if any;
e. Closing fees charged by the Title Company, if any; and
f. Taxes which may accrue on the property, if any, as prorated to date of
sale.
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 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
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T1. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the patties 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. Buyer may assign its
interest in this Agreement to a limited liability company that is wholly owned by Buyer, but
Buyer will remain bound by the terms of this Agreement in the event of such assignment.
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.
SELLER:
CITY OF BLAIR, NEBRASKA
BY 4_
RICHARD HANSEN, MAYOR
ATTEST:
) DJ.
WASHINGTON COUNTY )
On this Z 2 day of ('C-6 rq a r L , 2022 before me, the undersigned a Notary
Public, duly commissioned and qualified fo • 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.
W
NERAL NOTARY - State of Nebraska
SARAH R. BACKMAN
My Comm. Exp. April 10, 2025
STATE OF NEBRASKA )
0 ) ss:
vj- r—11t441-11 COUNTY )
c�✓' C/�
NOTARY PUB C
PURCHASER:
Tarin Jennings
BY
On this 1 day of 2022 before me, the undersigned a Notary
Public, duly_ commissioned and qualified for in said county, personally
came; J v� nlvt to me known to be the identical person whose name is affixed to the
foregoing agreement an.8 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.
X
NERAL NOTARY - State of Nebraska
CQRTNEY NIELSEN 6rb't—
My Comm. Exp. November t o, zo2q NOTARY PUB C
7
State of Nebraska, County of Washington
Mark Rhoades, Being by me first duly sworn,
deposes and says that he is the Publisher o
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.
3/1/2022
Date(s)
Mark Rhoades, Publisher
Subscribed in my presence, and sworn to
before me this date:
March 11 2022
Notary
GENERAL NOTARY- State of Nebraska
d SHAUNA GERKE
Nly Comm. Exp. July 24, 2023
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