2002-08-27 Los 9, 10, 11 in Blk 50ORDINANCE NO. 1955
AN ORDINANCE APPROVING THE PURCHASE OF LOTS NINE, TEN AND
ELEVEN (9, 10 AND 11) IN BLOCK FIFTY (50) IN THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA., FROM HAIN FLYNN POST NO. 154, THE
AMERICAN LEGION, DEPARTMENT OF NEBRASKA; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT.
SECTION 1. Whereas, Hain Flynn Post No. 154, the American Legion,
Department of Nebraska desires to voluntarily sell, transfer and convey unto the City of
Blair, Nebraska Lots Nine, Ten and Eleven (9, 10 and 11) in Block Fifty (50) in the City
of Blair, Washington County, Nebraska.
SECTION 2. That the Mayor is hereby authorized to execute and deliver a
Purchase Agreement, a copy of which is attached hereto, - marked Exhibit "A" and
incorporated by this reference herein which sets forth the terms and provisions of the
purchase of the real estate from Hain Flynn Post No. 154, the American Legion,
Department of Nebraska.
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hereby repealed.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.
ATTEST:
BRENDA R. TAYLO , City Clerk
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNT )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified,
acting 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 the
City of Blair, Nebraska, held on the 27th day of August, 2002. 1
BRENDA R. TAYLOR, C Y CLERK.
PURCHASE AGREEMENT— Real Estate
August 27, 2002
This Purchase Agreement made and entered into by and between Hain Flynn Post
No.154, the American Legion, Department of Nebraska 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
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
and on the terms hereinafter set forth, the following described property, including but
3 to all fixtures, improvements, structures, buildings, etc., located thereon and legally
bed as follows:
(a) Legal Description of Real Estate
Lots Nine, Ten and Eleven (9, 10 and 11) in Block Fifty (5 0)
in the City of Blair, Washington County, Nebraska,
2. Purchase Price and Terms of Pa ent The purchase price for the Property being
;ed by the Buyer is in the sum of One Dollar ($1.00) but that said sale is subject to the
ng terms and conditions, to -wit:
(a) The deed conveying the Property from the Seller ( "Grantor ") to the City of Blair
( "Grantee ")shall be subject to the following conditions, covenants, restrictions
and reservations which are hereby agreed to by the City of Blair, to -wit:
1. The Property shall be used by the Grantee as part
of a Veteran's Memorial Park;
2. The Veteran's Memorial Park shall be constructed and established
by the Grantee within five (5) years from the date of this conveyance;
3. The Grantee shall not transfer, assign or convey any interest
in the Property to any third person, firm or entity;
4. Each of the conditions, covenants, restrictions and reservations set
forth hereinabove shall continue and be binding upon the Grantee,
in perpetuity;
5. Any of the above conditions, covenants, restrictions and reservations
may be modified or amended by an agreement in writing between the
Grantor and the Grantee with said written amendment to be properly
acknowledged and filed in the office of the Register of Deeds for
Washington County, Nebraska;
6. In the event that the Grantee breaches any of the conditions, covenants,
restrictions and reservations set forth above, then Grantor by and
through its authorized agent or representative shall cause to be
delivered unto the City Clerk of Grantee a written notice specifying
the breach and shall also notify the Grantee that the Grantee shall have
six (6) months from the date of delivery of such written notice to cure such
breach; and provided further, that should Grantee continue to be in breach of
said condition, covenant, restriction and reservation after said six (6) month
period, then and in that event, all right, title and interest in and to the above-
described real estate shall revert to the ownership of Grantor, its successors
or assigns.
3. Closing Date The closing date for the transaction shall be on or before October 15,
4. Title Insurance Title insurance may be used in the conveyance in lieu of an abstract
of title. In the event that Buyer desires title insurance, Buyer shall be obligated to procure such
commitment for title insurance and shall pay and be responsible for the costs thereof.
5. Warranty Deed Upon payment by the Buyer to Seller of the purchase price of the real
: purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to
real estate described hereinabove, by Warranty Deed free and clear of all liens and
6. General Real Estate Taxes. Real estate taxes for 2001 and 2002 shall be paid by
The Buyers shall pay all general real estate taxes due thereafter.
7. Possession Seller's tenant shall have exclusive possession of the property until date
of o Any risk of loss to the property shall be borne by Seller's tenant 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
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 ta-
g action for a specific performance of the terms of this Agreement in the event the other
y 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
es) specified hereinabove both before and after the closing date.
10. Conveyance of Title It is understood and agreed that this Agreement shall in no
mer be construed to convey title to said property or to give any right to take possession
eof.
11. Personal Inspection. This offer is based -upon Buyers' personal inspection and
�stigation of the premises and not upon any representations or warranties of condition by
e r of its agents. The Buyers represent to Seller that Buyers know, have examined and have
L stigated to the full satisfaction of Buyers, the physical nature and condition of the property
the improvements thereon and the fixtures and appurtances thereto. Buyers acknowledge
this offer is based solely upon the personal inspection of the property by the undersigned
ers and neither Seller nor any agent, attorney, employee or representative of Seller has made
representations whatsoever regarding the subject matter of this sale or any part thereof,
ading (without limiting the generality of the foregoing) representations as to the physical
re or condition of the premises to be transferred to the buyers hereunder, excepts as
•essly set forth in this Agreement. Buyers agree to take the premises and the property to be
sferred hereunder "as is" as of the date of execution of this Agreement.
12. Other Terms of Agreement
(a) Buyer shall pay all documentary stamps as a result of the sale, if any
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the arties, their heirs or representatives.
HAIN FLYNN POST NO, 154, THE
AMERICAN LEGION, DEPARTMENT
DEPARTMENT OF NEBRASKA, Seller
A
CITY OF BLAIR, NEBRASKA, Buyer
BY ,�� ✓ s {s�
Michael A. Mines, Mayor
City Clerk
OF NEBRASKA )
Y OF WASHINGTON )
The foregoing instrument was acknowledged before me on Se m� _ 2002 , b y
r .. - - -_ J1 Y
= _ - 0 3
STATE OF NEBRASKA
) :ss:
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me on r -- , 2002,
by �J i ({fAO� �1(10S
GENERAL N
PE �ptary
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