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2007-25ATTEST: 7,t4A/ kejti B11ENDA R. WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2007 - 25 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement between the JCBM, LLC, Seller, and the City of Blair, as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by the City of Blair for the N 140' of Lot 4 in Bruntons Addition, Blair City (1957 South Street), Washington County, Nebraska, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that the Purchase Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, ABBOTT, WOLFF, BIFFAR, CHRISTIANSEN AND FANOELE VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27TH DAY OF MARCH, 2007. CITY OF BLAIR, NEBRASKA E. REALPH, MAYOR 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 27th day of March, 2007. J/14 BRENDA R. WHEELER, CITY CLERK PURCHASE AGREEMENT— Real Estate March 27, 2007 This Purchase Agreement made and entered into by and between Bart Moore a Authorized Representative of JCBM, LLC, Nebraska Corporation hereinafter referred to as "Seller ", and 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. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but not limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate. Part of the N 140 feet of Lot 4 all in the Bruntons addition in the City of Blair, Washington County, Nebraska; more particularly that area east of a point on the north property line three (3) feet east of the asphalt driveway and to include complete removal of garage as show on attachment A as attached. 2. Purchase Price and Terms of Payment. The purchase price paid to Seller for the aforesaid real estate and personal property being purchased by the Buyer is Seventy Seven Thousand Dollars and No /100's ($77,000.00) cash. 3. Closing Date. The closing date for the transaction shall be on or before May 1, 2007. Closing shall occur at a mutually agreed upon location in Blair, NE 68008. The cost of escrow closing shall be paid by Buyer. The closing shall be handled by a agreed upon closing company. 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, 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. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects 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. Seller and Buyer agree to equally divide the total cost of the 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 conveying marketable fee simple 1 title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2005 and all prior years shall be paid by Seller. Real estate taxes for 2006 -2007 shall be prorated to the date of possession. (The basis for the proration shall be the most recent real estate tax statement.) The Buyers 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. 7. Possession. Buyer shall have exclusive possession of the property after the date of closing, but no later than May 1, 2007. Any risk of loss to the property shall be borne by Seller until possession has been turned over 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. Seller shall assume all risk of loss until the date of transfer of possession. Seller shall obtain a renter's insurance policy to cover any loss from the date of closing until the transfer of possession and shall provide proof of same to Buyer. 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. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. 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. 11. 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, near, on or under the surface of the Property. The Property has not been used at any time by any person as a landfill or waste disposal site. There are no underground tanks or other storage units which have or have had any hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored therein. No claims, litigation, or 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 wary to the Property. No hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act, as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated, 2 manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near the Property. ATTEST: 12. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) Buyer agrees to pay for the cost of the Purchase Agreement (c) Buyer agrees to pay for the cost of title insurance (d) Buyer agrees to pay for the cost of property survey (e) Seller agrees to sign a contiguous agreement to permanently attach the remainder of original lot to property directly to the west owned by seller. (f) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. By da 400 SELLER, Authorize epresentative of JCBM, LLC STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing, instrument was acknowledged before me on J'4 O(()(\ 2:7 , 2007, by TAX Annie_ al-A ©vim �� r� :�_ �, � �,i�� -c o. e /✓4 LLC_ 3 Cq k-kcIALta., CW0(4._, Notary Public GENERAL NOTARY - State of Nebraska KATHERINE D. LOUDN2� My Comm. Exp. June 17, ATTEST: STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) Aloud cu'L B"1IENDA WHEELER, City Clerk by 4 CITY OF BLAIR, NEBRASKA, Buyer B J ME . REALPH, Mayor The foregoing instrument was acknowledged before me on , 2007, me � -K pIl A1 (l(,ln � a K Lkditc,r_ Notary Public ENS„ NOTARY - State of Nebraska LOUDNE My Comm. KATHERINE � dune 17, 20