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.
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(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
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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
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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.
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