2235ORDINANCE NO. 2235
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF LOT 4, DEERFIELD ADDITION, A
SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF $177,000.00;
PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE
CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE;
AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE
BUYER, LITTLE BLOSSOMS CHILDCARE, 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ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT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 Little Blossoms
Childcare, whereby the City agrees to sell the real estate described hereinabove for the sum of
$177,000.00 and pursuant to the terms and provisions of the Purchase Agreement 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repealed.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 27TH DAY OF NOVEMBER, 2012.
CITY OF BLAIR, NEBRASKA
BY f 8
JA . REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY ftERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BRENDA R. 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
27th day of November, 2012.
i't, z
BRENDA R. WHEELER, CITY CLERK
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 2- - 1 day of No yC 20 jZ, by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Janeos
Holdings, LLC dba Little Blossoms Childcare, hereinafter referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all
encumbrances except easements and restrictions of record, the following described real estate, to -wit:
Lot 4, Deerfield Addition, City of Blair, Blair, Nebraska
said Buyer agrees to purchase said property on the following terms and conditions, to -wit:
The purchase price therefore is agreed to be the sum of One Hundred Seventy Seven
Thousand Dollars and No Cents, ($177,000.00), which shall be paid in cash at the time of closing.
Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall
the closing be on a date less than 30 days from the date of the publication of the Ordinance
Authorizing the sale nor more than 60 days from date of said publication date.
Upon the signing of this agreement for the sale of this real estate, the buyer shall make a
down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non
refundable unless seller is unable to deliver marketable title, but shall be credited toward the
purchase price at the time of closing.
It is understood and agreed by and between the parties hereto that Buyer shall receive
possession of the premises upon closing.
The City of Blair hereby specifically reserves all easements over and across said right of way
for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement
and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the
right to move and reconstruct said storm sewer or other utilities to any location on said real estate
provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall
be responsible for any sidewalk or other assessments which may be made on or after the date of this
agreement and which are attributable to the real estate.
Seller shall be responsible for payment of any real estate taxes assessed against the premises
for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes
assessed against the premises including, but not limited to any assessments made for any tax year or
partial year after the date of this sale.
The Seller shall not have any obligation or liability to provide a survey of the premises.
In the event the Buyer requests, Seller shall provide to the Buyer a title insurance
commitment to said premises showing good and marketable fee simple title in it for conveyance to
said Buyer. The cost of such title insurance shall be split equally between the parties.
The Seller specifically makes no warranties or representations as to the condition of the
premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises
"as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof
and is not relying upon any representations made with reference thereto by the Seller except those set
forth herein.
This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska
Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed
to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the
conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase
price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a
refund of the purchase price.
This agreement and purchase shall be further contingent upon the buyer being granted a
conditional use permit for the use of the property as a Day Care and /or Preschool per the Zoning
regulations for the City of Blair, Blair, Nebraska.
This Agreement executed the date first aforesaid shall be binding upon the assigns and
successors of all parties hereto.
CITY OF BLAIR, NEBRASKA
ATTEST:
4kyz"t
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
B
J S E. ALPH, tOR
On this 2�7_ day of V1 Aj�e / , 2012, before me, the undersigned a Notary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, 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 acknowledged the execution thereof to be his voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last above written.
IIN
GENER BRENDA R WHEELER Nebrask NOTARY PUBLIC
My Comm. UP, June 20, 2016
PURCHASERS :
JANEOS HOLDINGS, LLC DBA LITTLE BLOSSOMS CHILDCARE
W
a
On this . 2- 7 day of /UO VCOLe ✓ , 2012, before me, the undersigned a Notary
Public, duly commissioned and qualified for in said county, personally came
JT nr 6p uW mG� , 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.
&M
GENERAL NOTARY -'tale of Nebraska NOTARY PUBLIC
BRENDA R WHEELER
My Comm. Exp. June 20, 2016
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )