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