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2243ORDINANCE NO. 2243 COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE REMAINING SIXTY -SIX (66) LOTS IN TOTAL IN DEERFIELD SUBDIVISION, DEERFIELD REPLAT 1 SUBDIVISION, DEERFIELD FIRST ADDITION SUBDIVISION AND DEERFIELD REPLAT 2 SUBDIVISION, ALL IN THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA AND AS REFERENCED INDIVIDUALLY IN THE ATTACHED "AGREEMENT FOR SALE OF REAL ESTATE "; SOLD COLLECTIVELY FOR THE SUM OF EIGHT HUNDRED AND SIXTY -EIGHT THOUSAND THIRTY -TWO DOLLARS ($868,032.00); PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYER, 3801 HARNEY, L.L.C., 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OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED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 3 801 Harney, L.L.C., whereby the City agrees to sell the real estate described herein for the sum of Eight Hundred and Sixty Eight Thousand Thirty -two Dollars (868,032.00) and pursuant to the terms and provisions of the Purchase Agreements 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 published in pamphlet form and shall be in full force and effect from and after its passage as provided by law. Passed and approved this 12th day of March, 2013. CITY OF BLAIR, NEBRASKA S E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) t 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 12th day of March, 2013. C-41 BRENDA R. WHEELER, CITY CLERK • THIS AGREEMENT made this 1 lth day of March, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and 3801 Harney L.L.C., 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: Sixty -six (66) lots in total, which are; Lots 59, 64, 65, 67, 79, 80 and 83, Deerfield Subdivision, Lots 4R, 5R, 8R, 11R, 12R, 13R, 15R, 16R, 18R and 20R, Deerfield Replat 1 Subdivision, Lots 120, 138, 139, 140, 141 and 142, Deerfield First Addition Subdivision, Lots 1, 2, 3, 4, 5, 16, 17 18, 19, 20, 21, 22, 23, 24, 26, 27 28, 29, 30, 31, 32, 33, 34 35, 36, 37, 38, 39, 40, 41, 42, 45, 46, 47, 49, 51 59, 63, 70, 73, 75, 77 and 78, Deerfield Replat 2 Subdivision, all in the City of Blair, Washington County, Nebraska. Said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price for all sixty -six (66) lots therefore is agreed to be the sum of Eight Hundred and Sixty -Eight Thousand Thirty -two Dollars, ($868,032.00), which shall be paid in cash per lot in the amount of Thirteen Thousand One Hundred Fifty -two Dollars ($13,152.00) at the time of the respective closings on each lot. 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 thirty (30) days from the date of the publication of the Ordinance Authorizing the sale nor later than the following dates: 1. 10 lots within 30 days from the expiration of the remonstrance period; 2. 10 additional lots no later than November 1, 2013; 3. 20 additional lots no later than November 1, 2014; 4. the remaining 26 lots no later than November 1, 2015; It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. Following the date of the first closings at the expiration of the remonstrance period, the Buyer agrees to regularly maintain all sixty -six (66) lots in compliance with all applicable laws and regulations, including regular mowing to keep the grass height at ten (10) inches or less, and any required cleanup of trash or debris on all sixty -six (66) lots. 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. 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) per lot, for a total down payment deposit of Sixty -six Thousand Dollars ($66,000.00), which shall be non - refundable, including down payments for lots in which closing shall occur at future dates, unless seller is unable to deliver marketable title, but shall be credited per lot toward the purchase price at the time of closing of each lot or group of lots. Seller shall be responsible for payment of any real estate taxes assessed against all sixty -six (66) lots for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against all sixty -six (66) lots 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 sixty -six (66) lots showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the sixty -six (66) lots "as is ". The Buyer has made an inspection of each lot 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 down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for any consequential damages including but not limited to lost profits Buyer declares and Seller acknowledges that Mark Masek and Scott Nigro are licensed Real Estate Agents /Brokers in the State of Nebraska. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. /,� �/, /I � I This Agreement executed the date first aforesaid shall be binding upon the assigns, heirs, transferees and successors of all parties hereto. CITY OF BLAIR, NEBRASKA B E. REALPH, Y R ATTEST: 7 &wfu 4, K - BRENDA R. WHEELER, CITY CLERK PURCHASERS: By� By d 4-0 - STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this I Z day of . j , 20_ 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. STATE OF NEBRASKA ) :ss: v A c+T II!, "r )N COUNTY ) On this day of 1-1) 40IQCff , 20_, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Mark Masek, managing member of 3801 - Harney L.L.C., 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.