2007-30COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, a Purchase Agreement between the Katie Lode and Jeff Lode, husband and
wife, 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
3 in Bruntons Addition, Blair City (1945 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 BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, CHRISTIANSEN, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF MAY, 2007.
ATTEST:
z- et/ OUL(2--i-
B NDA R. WHEELER, CITY CLERK
(SEAL)
RESOLUTION NO. 2007 - 30
CITY OF BLAIR, NEBRASKA
JA . 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 8th day of May, 2007.
0,46,
BRENDA R. WHEELER, CITY CLERK
PURCHASE AGREEMENT— Real Estate
� � I a5 , 2007
This Purchase Agreement made and entered into by and between Katie Lode and Jeff
Lode, as husband and wife, 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.
N 140 feet of Lot 3 all in the Bruntons addition in the City of Blair,
Washington County, Nebraska
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 One Hundred
Thousand and No /100's ($100,000.00) cash.
3. Closing Date. The closing date for the transaction shall be on or before May 31, 2007
or another date as agreed to in writing by the parties. Closing shall occur at a mutually agreed
upon location in Blair, NE. The cost of escrow closing shall be paid by Buyer. The closing shall
be handled by an 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
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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 Seller shall pay all
real estate taxes, if any, owing for prior calendar years up to date of closing.
7. Possession. Buyer shall have exclusive possession of the property after the date of
closing unless otherwise agreed to otherwise in writing by the parties. Any risk of
loss to the property shall be borne by Seller until possession has been turned over to
Buyer.
Seller shall assume all risk of loss until the date of transfer of possession.
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,
manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near
the Property.
12. Personal Inspection. This offer is based upon Buyers' personal inspection and
investigation of the premises and not upon any representations or warranties of condition by
Seller. The Buyer represents to Seller that Buyer knows, has examined and has investigated to
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the full satisfaction of Buyer, the physical nature and condition of the property. Buyer
acknowledges that this offer is based solely upon the personal inspection of the property by the
undersigned Buyer, and neither Seller nor any agent, attorney, employee or representative of
Seller has made any representations whatsoever regarding the subject matter of this sale or any
part thereof including (without limiting the generality of the foregoing) representations as to the
physical nature or condition of the premises to be transferred to the Buyer hereunder, except as
expressly set forth in this agreement.
13. Other Terms of Agreement.
(a) Seller may remove any fixtures, drywall, ductwork, electrical work, and other
personal property and /or materials from the house prior to closing.
(b) Seller shall pay all documentary stamps as a result of the sale, if any
(c) Buyer agrees to pay for the cost of the Purchase Agreement.
(d) 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.
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By
SELLER, KATIE LODE
By /47,�
SEL`�LER, JEFF LODE
CITY OF BLAIR, NEBRASKA, Buyer
S E. REALPH, Mayor
ATTEST:
y 4, _
City Clerk
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The for goi g instrument was acknowledged before me on A;/ ) 5 , 2007,
by jp K SS;e_ (c
GENERAL NOTARY - State of Nebraska
DAVID V. DREW
My Comm. Exp. June 30, 2008
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(x,W
Notary Public