RES 2022-0251 - Real Estate Purchase Agmt with Shawn and Credessa Barnes for 2814 Ohio Street City Clerk Office Use Only:
I►RESOLUTION NO. 022.125 Publication Date(if pplica le):
l J 'Agenda Date: 2- 2
Department: (01.1141(
Submitter: G 1
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and Shawn J. Barnes and Credessa E. Barnes wish
to enter into the attached Real Estate Purchase Agreement ("Agreement") for the sale and
transfer of one parcel of land no longer needed for public purposes by the City of Omaha, to
Shawn J. Barnes and Credessa E. Barnes, located at 2814 Ohio Street as legally described on
the attached Exhibit "A" ("Real Property"), in consideration of the sum of One Thousand One
Hundred_and 00/100 Dollars ($1,100.00); and,
WHEREAS, on January 5, 2022, the Planning Board of the City of Omaha, upon
recommendation, recommended the disposal of said property; and,
WHEREAS, pursuant to Omaha Municipal Code Section 27-52, the Appraisal
Committee of the City of Omaha has appraised the value of the said real property to be
$1,100.00; and,
WHEREAS, Section 27-71 of the Omaha Municipal Code provides that the City
Council may authorize by resolution the disposal of City property by sale at an amount not
less than the appraised value.
WHEREAS, it is in the best interest of the City of Omaha and the residents thereof
to enter into an Agreement with Shawn J. Barnes and Credessa E. Barnes for the sale of the
Real Property.
RESOLUTION NO. 2022—O2h I
PAGE 04
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, as recommended by the Mayor, the attached Real Estate Purchase
Agreement between the City of Omaha and Shawn J. Barnes and Credessa E. Barnes, for the
sale of one parcel of land be approved; the Mayor of the City of Omaha is hereby authorized
to execute and deliver a Special Warranty Deed, and the City Clerk to attest the same, to Shawn
J. Barnes and Credessa E. Barnes to convey the real property described therein and City Staff
are authorized to execute any other such documents necessary or appropriate to complete the
sale of the real property described in the attached Agreement, which real property is known
as 2814 Ohio Street, in consideration of the sum of One Thousand One Hundred and 00/100
Dollars ($1,100.00); and no expenses associated with the transfer of this property.
APPROVED AS TO FORM:
" "2-72 2)2
T CITY ATTORNEY DATE
Adopted: MAR ' b 0ZZ
Attest:
City Cler
Approved: /(,441` Mid 1
Mayor
PIn02551gb
REAL ESTATE PURCHASE AGREEMENT
Shawn J. Barnes and Credessa E. Barnes,husband and wife as joint tenants ("Buyers") and
CITY OF OMAHA, a Municipal Corporation in the State of Nebraska, ("Seller"),hereby agree as
follows:
1. Certain Definitions. For purposes of this Agreement,the following terms are defined:
a. "Closing" shall mean the closing and consummation of the transaction
described in this Agreement.
b. "Closing Date" shall mean the date of the Closing.
c. "Property"shall mean that certain real estate,and the improvements thereon,
legally described as:
See Attachment Exhibit"A"
d. "Purchase Price" shall mean One thousand one hundred and No/100 Dollars
($1,100.00).
2. Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller hereby
agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, the
Property for the Purchase Price, subject to fulfillment of the conditions contained herein.
3. Representations of Seller. Seller hereby represents and warrants to Buyer,which warranties
and representations shall be true as of, and shall survive, the Closing, as follows:
a. Seller is a Municipal Corporation of the State of Nebraska organized and
existing under the laws of the State of Nebraska.
b. Seller, subject to approval by the City Council of Omaha,Nebraska,has the
authority to enter into this Agreement and perform its duties and obligations
hereunder,
c. Seller has good, marketable, fee simple title to the Property subject to the
established and existing covenants,conditions,restrictions and easements on
said Property.
d. To Seller's knowledge: (i) no toxic or hazardous substances or wastes,
pollutants or contaminants (including, without limitation, asbestos, urea
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formaldehyde, the group or organic compounds known as polychlorinated
biphenyls, petroleum precuts including gasoline, fuel oil, crude oil and
various constituents of such products,and any hazardous substance as defined
in the Comprehensive Environmental Response Compensation and Liability
Act of 1980 ("CERCLA"), 42 U.S.C. § 9601-9657, as amended)have been
generated, treated, stored, released or disposed of, or otherwise placed,
deposited in or located on the Property in violation of applicable laws, nor
has any activity been undertaken on the Property that would cause or
contribute to (aa) the Property to become a treatment, storage or disposal
facility within the meaning of, or otherwise bring the Property within the
ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"),
42 U.S.C. § 6901 et seq.,or any similar state laws or local ordinances,(bb)a
release or threatened release in violation of applicable law, or toxic or
hazardous wastes or substances, pollutants or contaminants, from
the Property within the meaning of,or otherwise bring the Property within the
ambit of, CERCLA, or any applicable similar state laws or local ordinances,
or(cc) the discharge of any pollutants or effluents in to any water source or
system, the dredging or filling of any waters or the discharge into the air of
any emissions,that would require a permit under the Federal Water Pollution
Control Act,33 U.S.C. § 1251 et seq.,or the Clean Air Act,42 U.S.C. § 7401
et seq., or any applicable similar state laws or local ordinances; (ii)there are
no substances or conditions in or on the Property that support a claim or
cause of action under RCRA,CERCLA or any other applicable federal, state
or local environmental statutes, regulations, ordinances or other
environmental regulatory requirements; and (iii) no above ground or
underground tanks are located in or about the Property or have been located
under,in or about the Property and have subsequently been removed or filled.
4. Seller Conditions. Notwithstanding anything in this Agreement to the contrary,
Seller's obligation to proceed to Closing shall be subject to the following conditions:
a. This Purchase Agreement must be approved by the City Council and the Mayor
of the City of Omaha.
b. Buyer shall observe and perform all of Buyer's covenants and agreements
contained herein.
c. This Purchase Agreement,subsequent closing,and recording of a deed to convey
the Property to Buyer is contingent upon Buyer securing financing and/or other
means sufficient to.
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5. Title Commitment and Inspection. Buyer shall promptly obtain from Title Company a title
insurance commitment (the "Title Commitment") to issue a policy of title insurance in the
amount of the Purchase Price(the"Title Insurance Policy")insuring that as of the recording
of the Special Warranty Deed good and marketable fee simple title to the Property is vested
in Buyer subject only to the Permitted Exceptions. Within ten (10) days after the later of
Buyer's receipt of the Title Commitment or the full execution of this Agreement by all
parties, Buyer shall give written notice to Seller of any matters disclosed in the Title
Commitment which Buyer finds objectionable in its reasonable discretion. Seller shall
thereafter use its best efforts to correct and/or cure all such objectionable matters prior to the
Closing Date. In the event Seller fails to correct and/or cure all of the objectionable matters
prior to the Closing Date, Buyer may either elect to terminate this Agreement by written
notice to Seller, whereupon this Agreement shall be deemed to be null and void, or may
waive its objections as to the uncured title matters and complete the Closing. Any matters
disclosed in the Title Commitment and not objected to by Buyer are herein called the
"Permitted Exceptions."
The City shall make the property available for inspection by the Buyer,Buyer's agent,
employees, and contractors for a period of thirty (30) days from the execution of this
Agreement, and Buyer may, at Buyer's sole risk and expense, undertake a complete
inspection and survey of the Property as Buyer deems appropriate,including but not limited
to, the performance of soil and environmental tests, a review of applicable zoning laws,
covenants, and restrictions, and other necessary investigations to determine to Buyer's
satisfaction that the Property can be used for the construction and operation thereon of the
proposed business with accessory office space. If as a result of Buyer's inspection, Buyer
finds any condition related to the property which Buyer finds not to be satisfactory, Buyer
may elect to terminate this Agreement by written notice to Seller,whereupon this Agreement
shall be deemed to be null and void.
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6. Buyer Conditions. Notwithstanding anything in this Agreement to the contrary, Buyer's
obligation to proceed to Closing shall be subject to the satisfaction of the following
conditions:
a. Seller's representations and warranties shall be true and accurate as of the
Closing Date.
b. Seller shall have cured and/or corrected all matters in the Title Commitment
found objectionable by Buyer.
c. Seller shall have observed and performed all of Seller's covenants and
agreements contained herein.
7. Adjustments. The following shall be apportioned,prorated and/or adjusted between Buyer
and Seller on the Closing Date (the "Adjustments"):
a. All real estate taxes becoming delinquent in the year of Closing(if any)shall
be prorated between Buyer and Seller to the Closing Date.
b. The Seller shall pay all documentary transfer taxes (if any) and shall pay all
recording fees.
c. The Buyer shall pay the cost of the Title Commitment in the amount of the
purchase price (and the title insurance policy issued pursuant thereto).
d. Buyer and Seller shall pay equally all other usual and customary closing costs
and fees.
8. Closing Date. The Closing Date shall be on or before March 1, 2022, or within 30 days
from date of approval of sale by the Omaha City Council, or such other date as Buyer and
Seller may mutually agree. All conditions contained herein must be met prior to closing.
9. Closing. The Closing may, at Seller's discretion,be conducted through the offices of Title
Company. Title Company shall be responsible for the collection and disbursement of the
Purchase Price, including the payment of any liens or encumbrances against the Property.
10. Closing Date Transactions. On the Closing Date,the following transactions shall occur:
a. Seller shall convey the Property to Buyer by Special Warranty Deed,free and
clear of all liens, claims and encumbrances except the Permitted Exceptions
subject to the restrictions set out in the Special Warranty Deed.
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b. Seller shall execute such affidavits as Title Company may require in
connection with the issuance of the Title Insurance Policy.
c. Buyer shall pay the Purchase Price (after application of the Adjustments)to
Seller by certified or cashier's check or otherwise in immediately available
funds.
d. Without limiting the foregoing, Seller and Buyer agree to execute and deliver
such further instruments or documents and take such further acts as may
reasonably be required in order to fully effect the sale of the Property to
Buyer.
11. Eminent Domain. If,prior to the Closing, all or any portion of the Property shall be taken
by eminent domain,Seller shall promptly give notice thereof to Buyer,and Buyer shall have
the right to either waive the event and proceed to effect the Closing or to not waive such
event and cause this Agreement to terminate. If there shall be a taking and Buyer shall elect
not to terminate this Agreement but instead to effect the Closing,the Purchase Price shall not
be reduced,but Seller shall assign to Buyer all of Seller's rights to all proceeds and awards
with respect to such taking.
12. Notices. All notices and other communications which either party is required or desires to
send pursuant to the terms of this Agreement shall be in writing and shall be sent by either
certified United States mail, postage prepaid, return receipt requested, or delivered
personally. Notices and communications shall be deemed to have been given on the day so
mailed or on the date when personally delivered. Such notices and communications shall be
addressed to the parties as follows:
IF TO SELLER: Mr. Dave Fanslau,Planning Director
City of Omaha, Planning Department
1819 Farnam Street, Suite 1111
Omaha, NE 68183
Autumn Evans, City Planner
City of Omaha, Planning Department
1819 Farnam Street, Suite 1111
Omaha,NE 68183
Autumn.Evans(a�CityofOmaha.org
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(402) 444-5150 Ext. 2023
IF TO BUYER: Shawn& Credessa Barnes
2818 Ohio Street
Omaha,Nebraska 68111
Sj.barnes@yahoo.com
402-213-8243
13. Applicable Law. Parties to this Agreement shall conform to all existing and applicable city
ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under this Agreement.
14. Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected official
or any officer or employee of the City of Omaha shall have a financial interest, direct or
indirect,in any City of Omaha contract. Any violation of this section with the knowledge of
the person or corporation contracting with the City of Omaha shall render the contract
voidable by the Mayor or Council.
15. Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
set forth herein. No agent,employee or other representative of either party is empowered to
alter any of the terms herein unless done in writing and signed by an authorized officer of the
respective parties, pursuant to Omaha Municipal Code Section 10-142. The Mayor may,
without City Council approval, approve minor administrative amendments to this
Agreement.
16. Assignment. The parties may not assign its rights or obligations under this Agreement
without the express prior written consent of the other party; such consent not to be
unreasonably withheld. Seller acknowledges that Buyer may be acquiring the Property to
effect a Tax-Free Exchange under Section 1031 of the Internal Revenue Code of 1986, as
amended,and as a result Buyer shall have the right to assign its rights and obligations under
this Agreement to a qualified intermediary of Buyer's choice for the purpose of completing
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such an exchange; provided, however, such assignment or exchange shall not delay the
Closing or cause additional expense to Seller. Seller agrees to reasonably cooperate with
Buyer and such qualified intermediary in a manner necessary to complete the exchange and
to provide such documents and consents to Buyer relating thereto as may be consistent with
the terms and conditions of this Agreement. Buyer shall indemnify, defend and hold Seller
harmless for any costs,damages or other liabilities or obligations relating to this Agreement.
17. Strict Compliance. All provisions of this Agreement and each and every document that
shall be attached shall be strictly complied with as written, and no substitution or change
shall be made except upon written direction from authorized representatives of the parties.
18. Partial Invalidity. If any term,covenant,or condition of this Agreement or the application
thereof to any part,person,or circumstances shall,to any extent,be invalid or unenforceable,
the remainder of this Agreement,or the application of such term,covenant or condition shall
be valid and shall be enforced to the full extent permitted by law.
19. Binding Effect. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns.
20. Non-discrimination and Statement of No Personal Financial Interest of City Officials:
a. Neither myself nor the City shall, in the performance of this Agreement,
discriminate or permit discrimination against any person with regard to race,
religion, color, sex, age, national origin, familial status, handicap status, gender
identification or sexual orientation.
b. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha,no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City Agreement. Any violation of that Section with the
knowledge of the party contracting with the City shall render the Agreement
voidable.
c. Parties to this Agreement shall conform with all existing and applicable City
ordinances,resolutions,state laws,federal laws,and all existing and applicable rules
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and regulations. Nebraska law will govern the term and the performance under this
Agreement.
21. Special Provisions:
a. This Offer is subject to a Resolution approved by the City of Omaha City Council
approving the purchase of this property.
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IN WITNESS WHEREOF, said GRANTOR has or have hereunto set their hands this
r�
l U day of V{'C eviq , 2021 .
BUYER: Shawn J. Barnes and Credessa E. Barnes
0--"Lfi-e6VYJ.4& i'Sa'frPt0"
Shawn J. arnes Credessa E. Barnes
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS)
On this day of , 2021 before me, a Notary
Public, in and for said County,personally came the above named: Shawn J. Barnes and
Credessa E.Barnes,who are personally known to me to be the identical persons whose names
are affixed to the above instrument and acknowledged the instrument to be their voluntary act and
deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Seal:
NOTARY PUBL C
General Notary-State of Nebraska
GLORIA.►ENE BRADLEY
M Comm.Ex,.Nov.22 2024.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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SELLER:
THE CITY OF OMAHA,NEBRASKA PLANNING DEPARTMENT
CITY OF OMAHA, a Municipal Corporation in
Douglas _Countty,Nebraska
By: � 1 IF—
David K. Fanslau, Planning Director
STATE OF NEBRASKA )
) SS
COUNTY OF DOUGLAS )
On this 5 day of J QA'\I ct 14 _ , 20 gabefore me, a Notary
Public in and for said County, personally came navid K. Fanslau, Planning Director, to me
personally known to be the identical person whose name is affixed to the foregoing instrument,
and acknowledged the execution thereof to be his voluntary act and deed and the voluntary act
and deed of said Municipal Corporation.
WITNESS my hand and Notarial Seal the day and year last above wr'
GENERAL NOTARY-State of Nebraska
jhr•' AUTUMN A.EVANS
E f My Comm.Exp.February 10,2023
Notary Seal:
ARY PUBLIC
EZOZ'OLAJeniga3.dx3*w woo Aj <i/
SNVA3.d NWfllflb
e)IsUJgaN Jo ale}S-)2 VION 1VH3N39
APPROVED AS TO FORM:
'0/2vZ La.
ASS I f CI A ORNEY DATE
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Exhibit"A"
Purchase Agreement
Shawn J. Barnes and Credessa E. Barnes (Buyers)
and
City of Omaha(Seller)
Addresses and Legal Descriptions of Premises
2814 Ohio Street
The East Thirty Three Feet(33') of Lot Fourteen(14), Block One (1), Clarendon Addition, an
Addition to the City of Omaha, as Surveyed, Platted and Recorded in Douglas County,Nebraska.
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