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2003-13BOARD MEMBER HAVEKOST INTRODUCED THE FOLLOWING: RESOLUTION NO. 2003 - 13 AIRPORT AUTHORITY FOR THE CITY OF BLAIR, NEBRASKA WHEREAS, a Purchase Agreement and Addendum between Frank Pycha III and Norma Jean Pycha, husband and wife, 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 Tax Lot 21, Tax Lot 23 and Tax Lot 32 in Section 30, Township 17 North, Range 12 East of the 6th 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 COMBS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY BOARD MEMBER HAVEKOST . UPON ROLL CALL, BOARD MEMBERS COMBS, HAVEKOST, 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 9 T; Chairman PURCHASE AGREEMENT— Real Estate Revised 8-11-03 �U 5 r C 20 63 This Purchase Agreement made and entered into by and between FRANK PYCHA III and NORMA JEAN PYCHA husband and wife, 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 terms and conditions set forth hereinafter, the following described property: (a) Legal Description of Real Estate: Tax Lot 21, Tax Lot 23 and Tax Lot 32, all in Section 30, Township 17 North, Range 12 East of the 6' P.M., Washington County Nebraska. 2. Purchase Price and Terms of Payme The purchase price for the aforesaid real estate being sold by Seller is in the sum of TWO HUNDRED TWENTY THOUSAND and NO1100 DOLLARS ($220,000.00). The total sales price shall be paid in cash or certified funds at time of closing. 3. Closing Date. The closing date shall be on or before September 30 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. Warranty 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 flee 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. Seller shall not be responsible for any recapture of greenbelt taxes, if any. 7. Possession. Seller shall have exclusive possession of the above -described real estate until December 1, 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 contemplated 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. (d) Seller hereby discloses that there is a not/functional well and cistern on the property. There is also a non -useable cave on the north side of the residential dwelling. 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. -2- 13. Other Terms of Agreement. (a) Seller owns the propane tank situated on the property and it was not addressed in the appraisal of the property. Seller retains the right to remove the propane tank A Tenant, Bob Jackson, owns the steel fencing and gates and the right to removed the same is reserved unto the Tenant. Seller reserves, for their own use, the 42 foot by 51 foot building (Morton Building) identified as #2, on page 8 of the appraisal. Said building shall be removed before December 1, 2003. (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 Norma J&6 Pycha STATE OF )ss: COUNTY OF Gf/flSfi/.U67O't) ) The foregoing instrument was acknowledged before me on &ZA /o: 20,03 by Frank Pycha III and Norma Jean Pycha vd Notary Public :GEENAL NOTARY - State of Nebraska CARL L. HIBBELER BUYER:_BN Comm. EV. March 27, 2007 CITY OF BLAIR, NEBRASKA, BY AND THROUGH THE AIRPORT AUTHORITY OF THE CITY OF BLAIR, NEBRASKA. By: /�� 'tw5l-- hai The �foregoing instrument was acknowledged before me on --u ('(S / 200 / f' by ' )GMC('5 (u Ke CJ fL,j� Notary Public — XINIRAL NOTARY-sh�eolNeb asksBRENDA R. TAYLORMy Comm. E,p, June 20, 20D4 3- This Addendum entered into by and between Frank Pycha, III, and Norma Jean Pycha, 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; Tax Lot 21, Tax Lot 23 and Tax Lot 32, all in Section 30, Township 17 North, Range 12, ,East of the 6`' P.M., Washington County, Nebraska, FOR VALUABLE CONSIDERATION, INCLUDING THE MUTUAL COVENANTS AND PROMISES HEREIN, ITIE PARTIES HERETO ACIRFE AS FOLLOWS: 1, Prollane Tank; Sellers own the propane tank situated on the property and shall have the right to remove the propane tank from the property on or before December 1, 2003, and if not removed prior to said date, the right to remove said property shall terminate. 2, Steel Fencing/ 7a s: Sellers have authorized the farm tenant, Bob Jackson, to remove the steel fencing and gates from the property and Buyer hereby agrees to allow Bob Jackson to remove such steel fencing and gates from the property; provided however, said steel fencing and gates shall be removed from the property on or before December 1, 2003, and if not removed prior to said date, the right to remove said property shall terminate, 3. MWOU-&lill"; Sellers shall be entitled to cause the 42' x 51' Morton Building (identified as No. 2 on Page 8 of the appraisal), to be removed from the property on or before December 1, 2003, and if not removed prior to said date, the right to remove said property shall terminate. 4. 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 propane tank from the property, the removal of the steel fencing and gates and the removal of the 42' x 51' Morton Building from the property, 5. Binding Effect: This Addendum shall be binding upon and inure to the benefit of the p 'es hereto, ors and assigns. FICA 4aer IdbkMKAAN PYCHA, Seller CITY OF B.LAIR, NEBRASKA, BY AND THROUGH THE AIRPORT AUTHORITY OF THE. CITY OF BLAIR, NEBRASKA, Buy; ; By 4Z� Cha2 a� irman 2 STATE OF NEBRASKA ) ) :ss: COUNTY OF l,)AS/VII)a775i ) On this 5?,1%y of /)41C Zg ✓ 2003, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came FRANK PYCHA, Ill, and NORMA JEAN PYC -IA, to me ;mown 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. t p Pal NOTAI3V�-Stateof M"s� CARL L, HIBBELER .AMk n.4Me"71,20D1 STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) L�ae��� Notary Public The foregoing instrument was acknowledged before me this / 91A day of Au,- q, 2003, by ( cyno 5 S &,-\ S%, -"e ,, Chairman of the Airport Authority of the City of Blair, Nebraska, or) behalf of the Airport Authority,. Not Publ' GENERAL NOTARY BRENDA R. U , My Conan. EV, June 2u, -, 3