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2023-06-06 Lots 5, 6, & 7 South 10th ST.WASHINGTON COUNTY NEBRASKA Filed for record on June 15, 2023 at 1 t18 AM Instrument No. 2023-01544 (1 Pages) b4W�oda ler o s NEBRASKA DOCUMENTARY STAMP TAX Jun 15, 2023 Exempt -2 gy; BA Recorded / General / Numerical Photostat Proofed Prepared by and after Recording Return to: Scanned 7— Brenda Brenda Wheeler, City Clerk, City of Blair, 218 S. 1611 Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION t 1 1 THE Grantor, City of Blair, Nebraska, whether one or more, in consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, quitclaims and conveys to Trevor O'Dell Grantee, whether one or more, the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: LOTS 5, 6, AND 7, SOUTH 10TH STREET, AN ADDITION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. Executed this 6th day of June, 2023. STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) CITY OF •. jM1 n AaK. • _ • The foregoing instrument was acknowledged before me on the 6th day of June, 2023 by Melinda K. Rump, Mayor for the City of Blair. L NERAL NOTARY -State ofNebraslta NOTARY PUBLIC BRENDA R WHEELER My Comm, Up. June 20, 2024 y COUNCIL MEMBER HAFER INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE LOTS 5, 6 & 7, SOUTH 10TH 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 TREVOR O'DELL, 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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 Trevor O'Dell whereby the City agrees to sell the real estate described hereinabove for the sum of Two Hundred Thousand Dollars ($200,000.00) 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 25th day of April 2023. ATTEST: 13 ��'WHEELER, CITY CLERK ®� o RArEo EBRASKA ) ) :ss: COUNTY OF WASHINGTON ) CITY OF BLAIR, NEBRASKA BY " ' Mr DA K. RUNW,40YOR 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 25th day of April, 2023. BRENDA WHEELER, CITY CLERK REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (the "Agreement") is made and entered into on this V `day of �� , , 2023, (the "Effective Date"), by and between the City of Blair ("Seller") and Trevor O'Dell ("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 5, 6 & 7 of South 10t" Street Subdivision, City of Blair, Washington County, Nebraska, and WHEREAS, Buyer wishes to purchase said lot above and for purpose of moving O'Dell Service and Repair to relocate existing heavy equipment repair business to expand business and hire more employees 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 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 1 may be made, and which are attributable to the Property by creation of water, sewer, and paving improvement districts. ARTICLE II PURCHASE PRICE AND PAYMENT 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Two Hundred thousand dollars ($200,000.00) (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 or paving of 101" 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 One Hundred Ninety Nine Thousand dollars ($199,000.00) 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. 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. 2 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. S 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 futther 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. 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. 3 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 4 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: ;BRASKA ) ) ss: N COUNTY ) SELLER: CITY OF BLAIR, NEBRASKA BY M INDA K. AYOR On this `225 day of r t 6 , 2023 before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Melinda K. Rump, 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 acluiowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. I f GCNENAL NOTARY - State of Nebraska BRENDA R WNEEI_ER u.ww=- My Comm. Exp. June 20, 2024 OTARY PUBLIC 5 PURCHASER: Trevor O'Dell BY Tr ell STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) OnthisliLdayof P , 2023 before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came, Trevor O'Dell 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. NOTARY PUBLI GENERAL NOTARY- State of Nebraska SARAH R.BACKMAN My Comm, Exp, April 10, 2025 1101 Proposal to Purchase My name is Trevor O'Dell. I own O'Dell Service in Blair. I would be interested in purchasing lots 6,7, and 8 1 have reviewed the covenants and zoning regulations. I think our business fits within both. We have grown to the point the shop we are renting is not suiting our needs sufficiently. We would like to build a new building and expand our business. We currently repair and service Cat heavy equipment and Cat truck engines. We have started to rent out heavy equipment and sell good quality used equipment. With the new building it will allow us to expand and grow. We would also like to have a store front to sell new parts along with the sales and rental of equipment. Currently we have 7 employees including myself. With the prospect of building a new shop and adding more services we would be looking to hire more employees to help fill roles. Right off the bat we would be looking to hire an additional 4 to 5 employees to help fill the demand we have. The building we have currently selected is 12,500 square feet. With and additional 1200 square feet office. I was raised in Blair. I went to school in Blair. I started my business in Blair. I would like to continue to grow my business in Blair. With the purchase of these lots we will be able to do that. Lot 6 We would offer 75,000 Lot 7 We would offer 75,000 Lot 8 We would offer 50,000 I would like to purchase all three lots. We would also like to start building with in a year of purchase. If you have any questions do not hesitate to reach out. Trevor O'Dell 4028381412 Thank you.