10-14-2008 Community Redevelopment Authority Regular Meeting Packet
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting Packet
Board Members:
Lee Elliott
Tom Gdowski
Barry Sandstrom
Sue Pirnie
Glen Murray
4:00 PM
Grand Island City Hall
100 E 1st Street
Grand Island Regular Meeting - 10/14/2008 Page 1 / 35
Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to
the commission.
Grand Island Regular Meeting - 10/14/2008 Page 2 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item A1
Agenda
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/14/2008 Page 3 / 35
AGENDA
Tuesday, October 14, 2008
4:00 p.m.
Grand Island City Hall
Open Meetings Notifications
1.Call to Order Lee Elliot
This is a public meeting subject to the open meetings laws of the State of Nebraska. The
requirements for an open meeting are posted on the wall in this room and anyone that wants to find
out what those are is welcome to read through them.
2.Approval of Minutes of September 22, Meeting.
3.Approval of Financial Reports
4.Approval of Bills
5.Consideration of request for façade improvement funds for Abby’s Carpets and More located
at 208 W 3rd Street.
6.Consideration of grant request from Blessed Sacrament Church for signage and
landscaping improvements located at 518 W State Street.
7.Review of Committed Projects and CRA Properties
8.Discussion of Possible Purchase/Sale of Properties in CRA Designated Areas
a.Review of proposal to purchase the Star Motel Property at 2709 S. Locust Street.
Proposal to purchase is part of the application for TIF for the next item on the agenda.
9.Consideration of a Resolution to forward a redevelopment plan amendment to the Hall
County Regional Planning Commission for CRA Area #2 the former location of the
Wonderful Garden Restaurant and the Star Motel on South Locust.
10.Consideration of a Resolution of intent to enter into a redevelopment contract.
11.Directors Report
12.Adjournment
Next Meeting November 12, 2008
The CRA may go into closed session for any agenda item as allowed by state law.
Grand Island Regular Meeting - 10/14/2008 Page 4 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item B1
Meeting Minutes
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/14/2008 Page 5 / 35
OFFICIAL PROCEEDINGS
MINUTES OF
COMMUNITY REDEVELOPMENT AUTHORITY
MEETING OF
October 14, 2008
Pursuant to due call and notice thereof, a Regular Meeting of the
Community Redevelopment Authority of the City of Grand Island,
Nebraska was conducted on October 14, 2008 at City Hall 100 E First
Street. Notice of the meeting was given in the October 7, 2008 Grand
Island Independent.
1.CALL TO ORDER Vice Chair Lee Elliot called the meeting to order
at 4:00 p.m. The following members were present: Lee Elliot,
Tom Gdowski, Sue Pirnie, and Glen Murray. Also present were;
Director, Chad Nabity; Secretary Rose Woods; CRA Attorney;
Duane Burns, Finance Director, Dave Springer, Council Liaison
Peg Gilbert, Dee Johnson, Marv Webb, Rev. Philipsen, Marv
Wemhoff, Gene McCloud, and Ray O’Conner.
Elliot stated this was a public meeting subject to the open
meeting laws of the State of Nebraska. He noted that the
requirements for an open meeting were posted on the wall
easily accessible to anyone who would like to read through
them.
2.APPROVAL OF MINUTES. A motion for approval of the Minutes for
the September 22, meeting, Pirnie made the motion seconded
by Murray. Upon roll call vote, all present voted aye. Motion
carried unanimously.
3.APPROVAL OF FINANCIAL REPORTS. APPROVAL OF FINANCIAL
REPORTS. Dave Springer reviewed the financial reports for the
period of September 1, 2008 through September 30, 2008. He
noted revenue in the amount of $130,458 and expenses in the
amount of $47,669 for the month. This included payment of the
Goodwill Façade that was approved two months ago. Total cash
was $1,236,622. Motion by Murray, second by Gdowski, to
approve the financial reports. Upon roll call vote, all present
voted aye. Motion carried unanimously.
Grand Island Regular Meeting - 10/14/2008 Page 6 / 35
4.APPROVAL OF BILLS. The bills were reviewed by the Authority.
Motion made by Gdowski, second by Pirnie, to approve the bills
in the amount of $5783.00. Upon roll call vote all present voted
aye. Motion carried unanimously to approve the payment of bills
totaling $5783.00.
5. CONSIDERATION OF FAÇADE IMPROVEMENT ABBEY CARPETS
‘N’ MORE. Dee Johnson submitted a request for assistance with
the remainder of the Façade improvements for the Abbey
Carpets ‘N’ More building. There was a Façade committee
meeting that was held on October 6th, 2008, Elliot and Pirnie
were on the committee and both agreed the request submitted
by Johnson follows along with criteria the CRA has set forth to
help improve the Façade of the building. The Johnson’s have
already spent $29,788.70 on improvements to the building and
are asking the CRA for the $9400.00 to help cover the cost for
the Architect as well as costs for new canopies for the windows
and new signage for the front and the back of the building.
Motion was made by Gdowski and second by Murray to approve
the request of Façade funds to Johnson in the amount of
$9400.00. Upon roll call vote all present voted aye. Motion
carried unanimously to approve the Façade improvement
request for Abbey Carpets ‘N’ More.
6. CONSIDERATION OF GRANT REQUEST FROM BLESSED
SACRAMENT CHURCH. Rev. Todd Philipsen submitted a request
for funds to replace some sidewalk, new signage for the church
as well as parking lot marking. Philipsen explained the church
has completed other projects in the amount of $2,832,403.13;
these projects have been completed and paid for by the people
of the Blessed Sacrament Parish. He noted his church currently
is one of the largest Parishes in Grand Island with over 1400
families active within the church. The funds requested in the
amount of $33, 401.06 would help repair sidewalks out in front
of the church, also to replace the outdated signs with ones with
more appeal to the area. He is currently concerned about the
safety issue and the cosmetic issue. Nabity explained this area
is now in the blighted area and is similar to a Façade project
CRA grants had been previously given out to non profit
organizations such as St. Mary Cathedral for lighting, YWCA and
YMCA had been also given funds for similar requests. Motion
was made by Murray and second by Pirnie to approve the Grant
Grand Island Regular Meeting - 10/14/2008 Page 7 / 35
request in the amount of $33,401.06. Upon roll call vote all
present voted aye. Motion carried unanimously to approve the
grant request of $33, 401.06.
7.REVIEW OF COMMITTED PROJECTS AND CRA PROPERTIES.
Nabity reported briefly. Total committed projects total $540,450.
Discussion was held on the status of projects. Housing Study is
moving forward should have a draft in December. Hall County
should be sending a bill soon. Romsa Real Estate Center is still
waiting to hear back about permits. BID 6 their final totals were
$55,000 this included $51,500 for conduit and $3,500 for the NE
Arboretum for the 2nd Street Landscape Plan. Paul Warshauer
(Masonic Temple) has turned nothing in at this time however is
still moving forward with the process. New Life Community
Church Façade is coming along nicely; they may come back with
a change to one wall and requesting release of a portion of the
allocated funds. The 2008 Wayside horns are moving forward, as
is the engineering for the 2009 Wayside horns, there is discussion
about the wayside horn for Broadwell; with the possibility of
having an underpass at this location in the near future.
8. DISCUSSION OF POSSIBLE PURCHASE/SALE OF PROPERTIES IN
CRA DESIGNATED AREA. Nabity explained there has been an
interest in the 408 E 2nd Street property at this time however
nothing has been offered. Ray O’Connor has submitted a bid of
$50,000 for the CRA property located at 2707 and 2709 South
Locust. The selling of the CRA property on South Locust will be
contingent upon moving forward with the TIF application process.
The TIF contract must be approved by Regional Planning and
Council and then all will move forward together, also with the
condition of O’Connor installing a Hike and Bike Trail for the area.
Motion was made by Gdowski and second by Pirnie to approve
the submitted bid of $50,000 continent upon the approval of the
TIF application and O’Connor installing a Hike and Bike Trail.
Upon roll call vote all present voted aye. Motion carried
unanimously to approve the submitted bid for the CRA South
Locust property.
9.CONSIDERATION OF A RESOLUTION TO FORWARD
REDEVELOPMENT PLAN AMENDMENT TO THE HALL COUNTY
REGIONAL PLANNING COMMISSION FOR CRA AREA #2 THE
FORMER LOCATION OF WONDERFUL GARDEN RESTRAUNT AND
THE STAR MOTEL ON SOULT LOCUST. Grand Island developer
Ray O’Connor submitted plans for a Best Western Inn and Suites
Grand Island Regular Meeting - 10/14/2008 Page 8 / 35
along South Locust Street. He proposed using the land to build
an 80 to 82 room Best Western Inn and Suites in what's called
the "Stoneridge" prototype costing approximately $5.3 million
dollars. O’Connor told the CRA members he thinks the community
needs new motel rooms to compete with the neighbors to the
west. O'Connor said Kearney has effectively used tax-increment
financing (TIF) to build several new hotel projects there. The
result has been an influx in the conference and convention
business in Kearney; something in which O'Connor feels Grand
Island can recover its former competitiveness. He also requested
up to $1.5 million in tax-increment financing to help with the cost
of the hotel project the bulk of which would go toward relocating
a major sewer line across the proposed hotel property. O'Connor
bought the former Wonderful Garden restaurant property at 2623
S. Locust St., but said that ground is not wide enough to
accommodate a hotel development. The former Star Motel
property at 2707 and 2709 S. Locust was also too narrow due to
a 20-foot hike-and-bike trail easement required by the city. But
by combining the restaurant and Star Motel properties a lot
approximately 247 feet wide by 350 feet deep the desired lot size
is achieved for development, O'Connor said.
The CRA bought the Star Motel in a dilapidated state in December
2005 for $155,740. It then spent $15,339 to demolish the
structure. O'Connor proposed Tuesday to buy it from the CRA for
$50,000, but only if he could also obtain TIF for the hotel project.
CRA member Tom Gdowski said he had hoped to recoup more of
the costs into the Star Motel property, but he felt O'Connor's
proposed use; history of successful projects and high integrity in
the community were favorable. Grand Island City Councilwoman
Peg Gilbert said selling the property for less than the CRA had
into it is an easy sell to taxpayers. The new hotel will be a driver
for sales tax revenues, she said.
Both properties also have a sewer line problem that dates back to
1979. A sewer main was installed across both properties
rendering most of the property unbuildable unless the line is
moved. The tax-increment financing would help pay for that
relocation. The $6,600 a year in existing property taxes would
continue to be paid to political subdivisions. O'Connor said the
new hotel will be owned by South Pointe Development LLC, which
is owned by himself, Bill Francis and Gene McCloud. McCloud
owns the Super 8 motel immediately north of the proposed Best
Grand Island Regular Meeting - 10/14/2008 Page 9 / 35
Western site.
The Midtown Holiday Inn is just north of Super 8, which prompted
CRA members to question how occupancy rates would fare with
three hotels right in a row. "It can be a good thing," McCloud
said. "We feed off of each other." O'Connor said each hotel also
has its own market. The Holiday Inn caters toward conventions,
while the Super 8 focuses on lower rates. The Best Western
would have some extended-stay rooms. "We are not in the food
business, the bar businesses or the meeting room business,"
O'Connor said of Best Western's franchise. Best Western used to
have a hotel in Grand Island and contacted O'Connor, who owns
the Kearney franchise, to reintroduce Best Western to Grand
Island. Best Western officials have been calling weekly, O'Connor
said. "I think the hotel will be a nice addition," Gdowski said.
CRA member Glen Murray called it "an excellent project," while
CRA member Sue Pirnie commented about the attractiveness of
the “Stoneridge” design.
Nabity stated the hotel project advances to the Regional Planning
Commission Nov. 5 to decide if a hotel on the property is
appropriate land use. It will come back to the CRA on Nov. 12 for
a tax-increment financing plan. That plan, the land sale and the
redevelopment proposal will then advance to the Grand Island
City Council for final action on Nov. 18.
Motion was made by Murray and second by Pirnie to approve
Resolution No. 91 to forward the proposed Redevelopment Plan
to the Hall County Regional Planning for its recommendation.
Upon roll call vote all present voted aye. Motion carried
unanimously to approve Resolution 91.
10.CONSIDERATION OF A RESOLUTION OF INTENT TO ENTER INTO
A REDEVELOPMENT CONTRACT. No further discussion. Motion
was made by Gdowski and second by Murray to approve
Resolution No. 92 to provide the Grand Island City Council notice
of intent to enter into a redevelopment contract after a passage
of thirty days from the adoption of this resolution. Upon roll call
vote all present voted aye. Motion carried unanimously to
approve Resolution 92.
11.DIRECTOR’S REPORT.
Nabity commented there has been interest in the Façade
program. Since O’Connor cleaned up the CRA property on South
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Locust there have been a few calls with no one moving forward
with offers. Project Armada is also still at a standstill.
12. ADJOURNMENT.
Vice Chairman Elliot adjourned the meeting at 4:55 p.m. The
next meeting is scheduled for November 12, 2008.
Respectfully submitted
Chad Nabity
Director
Grand Island Regular Meeting - 10/14/2008 Page 11 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item C1
Financial Reports
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/14/2008 Page 12 / 35
COMMUNITY REDEVELOPMENT AUTHORITY
FOR THE MONTH OF SEPTEMBER 2008
MONTH ENDED 2007 - 2008 2008 REMAINING
SEPTEMBER 2008 YEAR TO DATE BUDGET BALANCE
CONSOLIDATED
Beginning Cash 1,153,832 952,497 952,497
REVENUE:
Property Taxes 128,873 748,243 722,796 (25,447)
Loan Proceeds - - - -
Interest Income 28 41,041 10,000 (31,041)
Land Sales - - 50,000 50,000
Other Revenue 1,557 18,636 - (18,636)
TOTAL REVENUE 130,458 807,920 782,796 (25,124)
TOTAL RESOURCES 1,284,290 1,760,417 1,735,293 (25,124)
EXPENSES
Auditing & Accounting - 5,000 8,000 3,000
Legal Services 180 2,143 10,000 7,858
Consulting Services - - 10,000 10,000
Contract Services 4,436 34,362 40,000 5,638
Printing & Binding - 568 1,000 432
Other Professional Services - 4,113 6,000 1,887
General Liability Insurance - - 250 250
Postage 15 142 250 108
Matching Grant - - - -
Legal Notices 26 828 800 (28)
Licenses & Fees - - - -
Travel & Training - - 1,500 1,500
Other Expenditures - - 500 500
Office Supplies - 106 500 394
Supplies - - 300 300
Land - 33,090 100,000 66,910
Façade Improvement 36,880 207,871 200,000 (7,871)
South Locust - - - -
Alleyway Improvement - - - -
Other Projects - - 500,000 500,000
Bond Principal 6,132 142,497 128,002 (14,495)
Bond Interest - 93,076 94,794 1,718
Interest Expense - - - -
- - -
TOTAL EXPENSES 47,669 523,795 1,101,896 578,101
INCREASE(DECREASE) IN CASH 82,789 284,125 (319,100) (603,225)
ENDING CASH 1,236,622 1,236,622 633,397 (603,225)
LESS COMMITMENTS 540,450 -
AVAILABLE CASH 696,172 1,236,622 633,397 (603,225)
CHECKING 739,979
PETTY CASH 50
INVESTMENTS 496,593
Total Cash 1,236,622
Grand Island Regular Meeting - 10/14/2008 Page 13 / 35
COMMUNITY REDEVELOPMENT AUTHORITY
FOR THE MONTH OF SEPTEMBER 2008
MONTH ENDED 2007 - 2008 2008 REMAINING
SEPTEMBER 2008 YEAR TO DATE BUDGET BALANCE
CRA
GENERAL OPERATIONS:
Property Taxes 92,662 491,044 500,000 8,956
Interest Income 40,087 10,000 (30,087)
Land Sales - 50,000 50,000
Other Revenue & Motor Vehicle Tax 1,557 5,332 - (5,332)
TOTAL 94,220 536,463 560,000 23,537
GILI TRUST
Property Taxes 66,410 65,780 (630)
Interest Income 548 - (548)
Other Revenue 560 - (560)
TOTAL - 67,518 65,780 (1,738)
CHERRY PARK LTD II
Property Taxes 62,743 59,180 (3,563)
Interest Income 27 251 - (251)
Other Revenue - - -
TOTAL 27 62,994 59,180 (3,814)
GENTLE DENTAL
Property Taxes 3,497 4,202 705
Interest Income 0 3 - (3)
Other Revenue 947 - (947)
TOTAL 0 4,447 4,202 (245)
PROCON TIF
Property Taxes 18,138 19,162 1,024
Interest Income 53 - (53)
Other Revenue 972 - (972)
TOTAL - 19,163 19,162 (1)
WALNUT HOUSING PROJECT
Property Taxes 30,079 93,632 74,472 (19,160)
Interest Income 0 100 - (100)
Other Revenue 10,825 - (10,825)
TOTAL 30,079 104,557 74,472 (30,085)
BRUNS PET GROOMING
Property Taxes 4,576 9,536 - (9,536)
Interest Income - - -
Other Revenue - - -
TOTAL 4,576 9,536 - (9,536)
GIRARD VET CLINIC
Property Taxes 1,556 3,242 - (3,242)
Interest Income - - -
Other Revenue - - -
TOTAL 1,556 3,242 - (3,242)
TOTAL REVENUE 130,458 807,920 782,796 (25,124)
Grand Island Regular Meeting - 10/14/2008 Page 14 / 35
COMMUNITY REDEVELOPMENT AUTHORITY
FOR THE MONTH OF SEPTEMBER 2008
MONTH ENDED 2007 - 2008 2008 REMAINING
SEPTEMBER 2008 YEAR TO DATE BUDGET BALANCE
EXPENSES
CRA
GENERAL OPERATIONS:
Auditing & Accounting 5,000 8,000 3,000
Legal Services 180 2,143 10,000 7,858
Consulting Services - 10,000 10,000
Contract Services 4,436 34,362 40,000 5,638
Printing & Binding 568 1,000 432
Other Professional Services 4,113 6,000 1,887
General Liability Insurance - 250 250
Postage 15 142 250 108
Matching Grant - - -
Legal Notices 26 828 800 (28)
Licenses & Fees - - -
Travel & Training - 1,500 1,500
Other Expenditures - 500 500
Office Supplies 106 500 394
Supplies - 300 300
Land 33,090 100,000 66,910
PROJECTS
Façade Improvement 36,880 207,871 200,000 (7,871)
South Locust - - -
Alleyway Improvement - - -
Other Projects - 500,000 500,000
TOTAL CRA EXPENSES 41,537 288,221 879,100 590,879
GILI TRUST
Bond Principal 47,158 47,158 0
Bond Interest 18,622 18,622 (0)
Other Expenditures - - -
TOTAL GILI EXPENSES - 65,780 65,780 -
CHERRY PARK LTD II
Bond Principal 36,824 36,824 0
Bond Interest 22,356 22,356 (0)
TOTAL CHERRY PARK EXPENSES - 59,180 59,180 -
GENTLE DENTAL
Bond Principal 2,082 2,127 45
Bond Interest 2,120 2,075 (45)
TOTAL GENTLE DENTAL - 4,202 4,202 -
PROCON TIF
Bond Principal 10,601 8,838 (1,763)
Bond Interest 8,560 10,324 1,764
TOTAL PROCON TIF - 19,162 19,162 0
WALNUT HOUSING PROJECT
Bond Principal 33,055 33,055 0
Bond Interest 41,417 41,417 (0)
- - -
TOTAL WALNUT HOUSING - 74,472 74,472 0
Grand Island Regular Meeting - 10/14/2008 Page 15 / 35
COMMUNITY REDEVELOPMENT AUTHORITY
FOR THE MONTH OF SEPTEMBER 2008
MONTH ENDED 2007 - 2008 2008 REMAINING
SEPTEMBER 2008 YEAR TO DATE BUDGET BALANCE
BRUNS PET GROOMING
Bond Principal 4,576 9,536 - (9,536)
Bond Interest - - -
TOTAL BRUNS PET GROOMING 4,576 9,536 - (9,536)
GIRARD VET CLINIC
Bond Principal 1,556 3,242 - (3,242)
Bond Interest - - -
TOTAL GIRARD VET CLINIC 1,556 3,242 - (3,242)
TOTAL EXPENSES 47,669 523,795 1,101,896 578,101
Grand Island Regular Meeting - 10/14/2008 Page 16 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item D1
Bills
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/14/2008 Page 17 / 35
14-Oct-08
TO: Community Redevelopment Authority Board Members
FROM: Chad Nabity, Planning Department Director
RE: Bills Submitted for Payment
The following bills have been submitted to the Community
Redevelopment Authority Treasurer for preparation of payment.
City of Grand Island
Administration Fees Sep $1,952.49
Accounting Oct/Nov $375.00
Officenet Inc.
Postage $14.40
Lawn Care
Nebraska Arboretum BID 6/Justin Evertson $2,858.20
Grand Island Independent $12.91
Monthly & Redevelopment Plan Notices
Mayer, Burns, Koenig & Janulewicz Legal Services $570.00
Total:
$5,783.00
Grand Island Regular Meeting - 10/14/2008 Page 18 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item E1
Commited Projects & Sale of CRA Property
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/14/2008 Page 19 / 35
COMMITTED PROJECTS AMOUNT ESTIMATED DUE DATE
Housing Study $8,250 Fall 2008
Hall County $37,500 Fall 2007
Romsa Real Estate Center $75,000 Fall 2007
BID 6 $55,000 Spring 2009
Paul Warshauer
(Masonic Temple)
$17,700 Fall 2008
New Life Community
Church Façade
$107,000 Fall 2008
2008 Wayside Horns $140,000 Fall 2008
2009 Wayside Horns $100,000 Fall 2009
Total Committed $540,450
CRA PROPERTIES
Address Purchase Price Purchase Date Demo Cost Status
203 E 1st St.$68,627 10-09-02 $23,300 Surplus
217 E 1st St $17,000 03-20-03 $6,500 Surplus
408 E 2nd St $4,869 11-11-05 $7,500 Surplus
2707 and 2709
S. Locust
$155,740 12-30-05 $15,339.23 Surplus
211 E 1st $34,702 11-13-07 $8,000 Surplus
September 30, 2008
Grand Island Regular Meeting - 10/14/2008 Page 20 / 35
AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Seller hereby sells to the undersigned Buyer, the following-
described real estate for the price and upon the terms and conditions herein set forth, and
the undersigned Buyer hereby accepts said terms and conditions, agrees to pay the
purchase price, and to perform the obligations of Buyer hereunder.
1. The Seller is: Community Redevelopment Authority of the City of Grand Island,
Nebraska. Its address is City of Grand Island, Planning Director, P.O. Box 1968, Grand
Island, Nebraska 68802. Its telephone number is 308-385-5240.
2. The Buyer is: South Pointe Development, LLC. Its address is 2502 N. Webb
Road, Ste A., Grand Island, Nebraska. Its telephone number is 308-381-2497.
3. The legal description of the real estate is:
Beginning at a point 377.5 Feet North of and 33 Feet East of the Quarter Section
corner between Sections Twenty-Seven (27) and Twenty-Eight (28), in Township
Eleven (11) North, Range Nine (9), West of the 6th P.M., and running thence North,
along a line parallel to and 33 Feet East of the Section line between said sections
Twenty-Seven and Twenty-Eight (28), a distance of 147.5 Feet thence Easterly, at
right angles, a distance of 354.65 Feet thence Southerly at right angles, a distance
of 147.3 Feet; thence Westerly at right angles, a distance of 355.9 Feet to the place
of beginning, and being a part of Lot One (1) Mainland in Section Twenty-Seven
(27) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., excepting
therefrom, the property described in the Report of Appraisers recorded in Book T,
Page 253, of the Miscellaneous Records in the Office of the Register of Deeds, Hall
County, Nebraska
4. The purchase price is FIFTY THOUSAND ($50,000.00) DOLLARS.
5. The purchase price shall be paid as follows:
A. Earnest money of $500.00 upon execution of this Agreement;
and
B. The balance of $49,500.00 in certified funds on closing.
6. Buyer shall be entitled to take possession of the premises upon the closing of
this transaction and the closing shall be on or before ______________, 2008, which is
herein called the closing date. Closing shall take place at the office of Mayer, Burns,
Koenig & Janulewicz, Grand Island, Nebraska.
Grand Island Regular Meeting - 10/14/2008 Page 21 / 35
2
7. Seller shall procure a title insurance commitment issued by Grand Island
Abstract Company, which shall show marketable title to the premises to be vested in the
Seller subject only to easements, reservations and restrictive covenants of record. If the
title insurance commitment shows title defects, Seller shall have a reasonable time to cure
the defects if such can be cured. If said defects cannot be cured within a reasonable time,
Buyer may elect to rescind this agreement or waive the defects.
The cost of the owner's title insurance policy shall be divided equally between the
parties.
8. Real estate taxes for 2007 and all prior year’s taxes are paid. Real estate taxes
for 2008 shall be prorated to the date of closing. Real estate taxes for 2009 and all
following years shall be paid by Buyer.
9. The documentary tax, if any, shall be paid by the Seller.
10. Upon the closing, Seller shall convey the real estate to Buyer by Special
Warranty Deed, free and clear of all liens, tenancies and encumbrances except the
following:
a.Subject to a Right of Way and Restrictions as shown in Deed recorded in
Book 69, Page 627;
b.Subject to a Right of Way as shown in Return of Appraisers recorded in
Book T, Page 263;
c.Public Landscape Easement executed by and between Rosetta F. Parker, a
single person, and the City of Grand Island, Nebraska, filed September 5, 2000 in the
Register of Deeds Office as Document No. 200007287;
d.Public Utilities Easement executed by and between Franklin R. Roy and
Rosetta F. Parker, husband and wife, and The City of Grand Island, Nebraska, filed
September 5, 2000 in the Register of Deeds Office as Document No. 200007286;
e.Public Utilities Easement executed by Eloy Uribe and Oralia Erives, husband
and wife, to the City of Grand Island, Nebraska, filed January 16, 2004, in the Register of
Deeds Office as Document No. 200400494.
and except any other easements, reservations and restrictive covenants of record.
11. Sale of this premises to Buyer is conditioned upon the Buyer granting to the
City of Grand an easement for a “hike and bike trail” across the Southerly and Easterly
portion of the premises pursuant to plans and specifications prepared by the City of Grand
Island Parks and Recreation Department or Public Works Department and completed to
Grand Island Regular Meeting - 10/14/2008 Page 22 / 35
3
the satisfaction of the above referenced departments of the City of Grand Island,
Nebraska. Completion of the “hike and bike” trail shall be completed by the time Buyer
completes the intended improvements to the premises which is tentatively scheduled to be
in 2009.
12. The sale and completion of the closing of this transaction is further contingent
upon this premises together with the premises at 2603 S. Locust Street, Grand Island,
Nebraska, formally known as the Wonderful Garden property being included within a tax
increment financing redevelopment project pending before the Community
Redevelopment Authority of the City of Grand Island, Nebraska. If the above TIF
redevelopment project is not ultimately approved by the City Council of the City of Grand
Island, Nebraska, this agreement shall be rescinded and Buyer shall receive back its
earnest money payment.
13. This premises consists of unimproved ground. Buyer acknowledges that its
agent has inspected the premises and Buyer accepts the sale of the premises "as is" and
does not rely upon any representations made by or on behalf of Seller as to the condition
of the real estate. Seller disclaims all warranties with respect to the sale of the real estate
to Buyer under the terms of this agreement. Buyer waives the necessity of a survey to
determine the boundaries of the premises.
14. Buyer acknowledges that it will have to incur the cost of relocating the sanitary
sewer main on the premises as well as the cost of connecting to the City water main
located on the West side of Locust Street. Buyer further acknowledges that it will be
obligated to pay the cost of the “hike and bike” trail improvements on the premises as
required by the plans and specifications for improvement of the trail.
15. Seller and Buyer each agree that time is an essential element of this
agreement.
16. If either Seller or Buyer breaches this agreement, then that nonbreaching party
shall be entitled to all remedies available at law and in equity for the performance of this
agreement or for damages.
17. All covenants and conditions herein contained shall extend to and be obligatory
upon the parties hereto and their successors and assigns.
EXECUTED THIS _____ day of _________________, 2008.
Grand Island Regular Meeting - 10/14/2008 Page 23 / 35
4
COMMUNITY REDEVELOPMENT
AUTHORITY OF GRAND ISLAND,
NEBRASKA
By____________________________________
Barry Sandstrom, Chair
SELLER
SOUTH POINTE DEVELOPMENT, LLC
By____________________________________
Member
By ___________________________________
Member
BUYER
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2008, by Barry Sandstrom, Chairperson for the Community
Redevelopment Authority of Grand Island, Nebraska, on behalf of said Community
Redevelopment Authority.
______________________________________
Notary Public
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me this ______ day of
_____________, 2008, by _________________________, Member and by
_________________________, Member of South Pointe Development, LLC.
______________________________________
Notary Public
Grand Island Regular Meeting - 10/14/2008 Page 24 / 35
Community Redevelopment
Authority (CRA)
Tuesday, October 14, 2008
Regular Meeting
Item H1
TIF Request - 2709 S Locust
Staff Contact: Chad Nabity
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