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2003-12BOARD MEMBER',COMBS INTRODUCED THE FOLLOWING: RESOLUTION NO. 2003 - 12 AIRPORT AUTHORITY FOR THE CITY OF BLAIR, NEBRASKA WHEREAS, a Purchase Agreement and Addendum 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 2, 3, 4, 5 and 6 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 6t" P.M., Washington County, Nebraska, a copy of which Purchase Agreement and Addendum is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions of the Purchase Agreement and Addendum 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 HAVEKOST MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY BOARD MEMBER COMBS . UPON ROLL CALL, BOARD MEMBERS COMBS, HAVEKOST AND MEYER VOTING "AYE", AND BOARD MEMBERS NONE VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 19TH DAY OF AUGUST, 2003. AIRPORT AUTHORITY FOR THE CITY OF BLAIR — "- BY TT _-- Chairman AL) % . PURCHASE AGREEMENT— Real Estate AUG (AS� 19 2003 . 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". Now, therefore, in 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 tern -is and conditions set forth hereinafter, the following described property: (a) Legal Description of Real Estate. Lots 2, 3, 4, 5, and 6 of Nordstrom's Second Addition, a subdivision of Tax lots 13 and 14, lying in the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 17 North, Range 12 East of the 6`h P.M., Washington County, Nebraska. 2, Purchase Price and Terms of Payment. The purchase price for the aforesaid real estate being sold by Seller is in the sum of ONE HUNDRED EIGHTY- EIGHT THOUSAND and N0/100 DOLLARS ($188,000.00). The total sales price shall be paid in cash or certified funds at time of closing. Closing Date. The closing date shall be on or before October 15, 2003 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 agrees to pay the cost of title insurance premium. 5. Warran 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 2002 and prior years shall be paid by Seller. Real estate taxes for 2003, 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 and shall also pay and be responsible for all recapture of greenbelt taxes. 7. Possession, Seller shall have exclusive possession of the above -described real estate until December 15, 2003 . 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 loss from and after date of closing. 8. Specific Performance, It is understood and agreed that both parties retain their right to bring action 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 that 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 at closing 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. 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 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 conterplated 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 into 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 Material. No hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos or petroleum product 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, or 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 the original condition if such tests alter the grade, compaction or vegetation, 13, Other Terms of Agreement, (a) Sellers shall have the right to remove up to 600 trees presently on the property. Said trees shall be remove before December 15, 2003. -2- (b) Buyer shall pay all documentary stamp tax incurred as a result of the sale to the extent that they are not exempt. (c) 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. (d) This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. (e) The cost of a survey, if any, shall be borne by the Buyer, (f) All terms, conditions, representations and warranties contained in this Agreement shall survive the execution hereof and the closing hereunder, including but not limited to the execution and delivery of any deed related to the subject real estate to be conveyed hereunder and shall not merge into any deed. 14. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, or representatives. SELLER 1� z Z-"" Gloria A. Nordstrom STATE OF )ss: COUNTY OF D o c�ICG.4S ) Robert A. Nordstrom The foregoing instrument was acknowledged before me on p? a 209® by GLORIA A. NORDSTROM and ROBERT A, NORDSTROM V% GENERAL NOTARY- State of Nebraska CARL L, HIBBELER My Comm,Exp,March2l,2007 Notary Public BUYER: CITY OF BLAIR, NEBRASKA, BY AND THROUGH THE AIRPORT AUTHORITY OF THE CITY OF BLAIR, NEBRASKA, By._ t , C iairman The foregoing instrument was acknowledged before me on - (AQ US4 cj 20(1� by Notary Public �— GENERAL NOTARY sL^.taofNctraska BRENDA R. TAYLOR My Comm. EV, June 20, 2004 -3- ADDENDUM TO PURCHASE AGREEMENT This Addendum entered into by and between Gloria A. Nordstrom and Robert A. Nordstrom, hereinafter referred to as "Sellers", and the City of Blair, Nebraska, by and through the Airport Authority of the City of Blair, Nebraska, hereinafter referred to as "Buyer". WHEREAS, this Addendum amends the terms and provisions of the Purchase Agreement entered into by and between Sellers and Buyer regarding the following -described real estate, to - wit: Lots 2, 3, 4, 5, and 6 of Nordstrom's Second Addition, a Subdivision of Tax Lots 13 and 14, lying in the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 17 North, Range 12, East of the 61h P.M., Washington County, Nebraska. FOR VALUABLE CONSIDERATION, INCLUDING THE MUTUAL COVENANTS AND PROMISES HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: l . Removal of Trees: Sellers, or their contractors, shall have the right to remove up to six hundred (600) trees presently growing on the property; provided further, that Sellers shall not allow members of the general public to enter upon the property to remove trees (i.e. There shall be no wholesale or retail sale of trees from the location of the property). Sellers further agree that Sellers, or Sellers' contractors, shall remove the trees in a workmanlike manner and furthermore, that alltreesto be removed by Sellers shall be removed on or before December 15, 2003; thereafter, Sellers' right to remove trees from the property shall terminate. 2. Indemnification and Hold Harmless: Sellers agree to enter into an Indemnification and Hold Harmless Agreement, in form satisfactory to Buyer, in which Sellers agree to indemnify and hold Buyer harmless from any claim, demand, action, lawsuit or liability whatsoever, of every kind and nature, both in .law and in equity, for injury to any person, death of any person, expenses, costs or damages, arising out of, directly or indirectly, the removal of the six lwndrrd (600) trees presently located on the property. 3. Binding Effect; This Addendum shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. GLORIA A, NORDSTROM, Seller STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGT'ON ) ROBERT A. NORDSTROM, Seller CITY OF BT AIR, NEBRASKA, BY AND THROUGH THE AIRPORT AUTHORITY OF THE CITY OF BLAIR, NEBRASKA., Buyer By,, Chairman On this 29 l�day of /�C/G llS7 2003, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came GLORIA .A NORDSTROM and ROBERT A. NORDSTROM., to me known to be the identical persons whose names are affixed to the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and Notarial Seal the day and year last above written. GENEK NOTARY -State of Nebraska My Gomm. Ezp. March zt, 20A1 0 Notary Public 2 STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this % � day of 1kc, uS� D 2003, by ) �'16u) as 5 Kbt) 5)\/ A� ,Chairman of the Airport Authority of the City of Blair, Nebraska, on behalf of the Airport Authority. /h? �d G Notary Pub GENERAL NOTARY • smte os olsbrasla a BRENDA R JOR une 20, 2004 _• My COMM. Exp. 3