2013-06RESOLUTION N0.2013 - 6
COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Ordinance No. 223 5 approved a purchase agreement between the City of Blair
and Little Blossoms Childcare for the sale of Lot 4, Deerfield Addition in the amount of $177,000,
and
WHEREAS, the purchase agreement is now being amended to reflect the accurate LLC name
for the purchaser and close on the property through a Warranty Deed instead of a Quit Claim deed as
required by the purchaser's lender, and
WHEREAS,' said Amended Purchase Agreement between the City of Blair, Nebraska, and
Little Blossoms Childcare has been prepared and presented to the City Council, a copy of which
Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized
and directed to execute same on behalf of the municipality.
COUNCIL MEMBERCHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN.
UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, STEWART, RYAN,
KEPHART, ANDERSEN, CHRISTIANSEN, JENSEN AND HALL. COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 2013.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. WHEELER, CITY CLERK
B
JA ES REALPH, MAYOR
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
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 Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said city held on the 12th day of
February, 2013.
BRENDA R. WHEELER, CITY CLERK
AMENDED AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT made this 13th day of February , 20 by and between the
City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Janeos
Holdings, LLC, hereinafter referred to as "Buyer ".
WITNESSETH:
Seller agrees to sell and convey to the Buyer by Warranty 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 S eller 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 ($1000.00), 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 ofthis 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 maybe 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.
' r
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 maybe 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 deBno oother�circumstanc hall the Buyer be
ntit entitled to
price shall be returned to the Buyer. a
U
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 properly 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.
B �- P-111
JAME E. REALPH, MAYOR
ATTEST:
B "A HEELER, CITY CLERK
PURCHASERS:
By
ane ouwman
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this _1Z day of 2013, before me, the undersigned allotary Public,
duly commissioned and qualified for in said county, personally came James E. Realph, Mayor ofthe
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.
MNEM NOTARY- State d N*uka ADA
R. TRtP NOTARY PUBLIC
*Comm *.A40.:6
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this 13 th day of Febriiary , 2013, before me, the undersigned allotary
Public, duly commissioned and qualified for in said county, personally came
J � - B ouwman , 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.
GENERA!, NOTARY state otNebraska NOTARY PUBLIC
MARK P. REYNOLDS
— — My Comm. EXP, M800.2014