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07/28/2026 Resolutions 2026-206 RESOLUTION 2026-206 A RESOLUTION TO OFFER CERTAIN REAL PROPERTY KNOWN AS VETERAN'S VILLAGE FOR SALE WHEREAS, the City of Grand Island, Nebraska (the "City") is the owner of certain real property located in Hall County, Nebraska, shown in Exhibit A which will be more specifically defined by survey prior to finalization of sale. This property is included in the Master Plan adopted by the Grand Island City Council on February 11, 2025 and is noted as "Veteran's Village;" and WHEREAS, the Property owned by the City includes approximately 225 acres of real estate and is wholly within the boundaries of the Good Life District Program Area as set forth in Grand Island City Code Chapter 38, Article II, Section 1. The Property is generally described as follows: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF AIRPORT ROAD/ U.S. HIGHWAY 281, AND THE WEST RIGHT-OF-WAY LINE OF BROADWELL AVENUE; THENCE SOUTH, ALONG SAID WEST RIGHT-OF- WAY LINE OF BROADWELL AVENUE, TO THE INTERSECTION OF THE WEST RIGHT- OF-WAY LINE OF BROADWELL AVENUE, AND THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY COMPANY, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF OLD HIGHWAY 2; THENCE NORTHWESTERLY, ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD HIGHWAY 2, TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF WEBB ROAD, THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF WEBB ROAD TO THE SOUTHEAST CORNER OF LOT 6, TIMBERLINE SECOND SUBDIVISION; THENCE EAST, TO THE SOUTHEAST CORNER OF LOT 1, SCHUMANN SUBDIVISION; THENCE NORTH, ALONG THE EAST LINE OF SAID SCHUMANN SUBDIVISION, TO THE NORTHEAST CORNER OF LOT 11, SCHUMANN SUBDIVISION, POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 6, LAWTON SUBDIVISION; THENCE NORTH, ALONG THE EAST LINE OF SAID LAWTON SUBDIVISION, TO NORTHEAST CORNER OF LOT 1, LAWTON SUBDIVISION, THENCE ON A NORTHERLY EXTENSION OF THE EAST LINE OF LAWTON SUBDIVISION TO THE SOUTH RIGHT-OF-WAY LINE OF AIRPORT ROAD/U.S. HIGHWAY 281; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF AIRPORT ROAD/U.S. HIGHWAY 281,TO THE POINT OF BEGINNING; and WHEREAS, the Property is currently owned and controlled by the City, subject to existing easements and restrictions of record and is in part under active lease(s) with farm tenants; and WHEREAS, the City wishes to offer for sale a portion of the Property, to be more specifically described by survey prior to a formal sale ordinance. Specifically, the City wishes to sell the western portion of the Property generally bounded by the northwest corner of Eagle Scout Lake, continuing south from the northwest corner until the southern boundary of the current Softball complex, then east until a point near the edge of the eastern most boundary of the south parking lot, then south until the southern most border of the city's property. This general area is illustrated in Exhibit A attached hereto; and WHEREAS, the City wishes to make this offer to further facilitate development of Veteran's Village in a manner consistent with the development goals contained in the City of Grand Island's Good Life District Economic Development Program, the City's ability to continue to maintain and operate existing parks amenities already operating in this area, and subject to such terms and conditions as may be necessary to ensure successful financial support of proposed development through means which may include Tax Increment Financing, Occupation Taxes, Apportioned State Sales Tax, a Community Improvement District, and terms and conditions as may be required by potential bond financings; and, WHEREAS, Woodsonia Real Estate, Inc, and/or related entity Woodsonia GI GLD, LLC, ("Woodsonia") has made representations to the City that it wishes to acquire portions of the Property offered for sale to facilitate its delivery of their proposed Veteran's Village development; which includes critical project components including an indoor sports complex of at least 140,000 square feet, proposed multi-purpose all turf outdoor fields, an aquatic center (proposed to be completed by the YMCA), public infrastructure improvements, an expanded Eagle Scout Lake, an amphitheater, a fishing pier, and at least two miles of public trails. Woodsonia has also proposed other development to include commercial property, mixed use property, multi-family and single-family housing, and commercial improvements such as a hotel, restaurant, and retail facilities. These enhancements will be more fully defined in a separately developed Good Life District Agreement and other supplemental written agreements; but generally constitute the "Project"; and WHEREAS, the City Council has determined that it is in the best interest of the City to offer the western portion of the Property for sale "as-is" to Woodsonia Real Estate, Inc (Shown on Exhibit A as "Sale" and/or "Sale with Reversion" for demonstrative purposes) for use in furtherance of anticipated Good Life District development. Such offer and final sale will be subject to the completion of: a legal survey defining the boundaries of the Property (the "Survey"), development of legal descriptions which more precisely define the portions of property to which a limited reversionary condition would apply, to define terms as may be necessary to ensure successful commencement and completion of the Critical Project Components, a commitment to transfer land to Grand Island Public Schools, completion of a formal sale ordinance and other necessary closing benchmarks, and other routine and ordinary conditions of sale; and, WHEREAS, the City Council wishes to provide notice of its intent to facilitate additional transfers of property, property rights, or property access as it may determine necessary in the future to facilitate development needs which may occur on property retained by the City such as construction of infrastructure, construction access, easements, temporary occupation during construction; but understands those transfers will occur as needed and through a variety of different means and methods, some of which may not come back before Council for their review; and, WHEREAS, the City Council understands that a portion of the property to be offered for sale is intended to be used to facilitate construction of an expansion of Eagle Scout Lake and may be offered or gifted back to the City upon the completion of development; and, WHEREAS, the City Council notes that it understands that an additional transfer of property or property rights will be necessary to facilitate and assist the YMCA of Grand Island in the development of an Aquatics Center and other facilities, at a location currently occupied and used by the City as a soccer field; but that that transaction will be presented through separate action by Council as those opportunities become available; and, WHEREAS, this offer to sell portions of the Veteran's Village property is made by the City contingent upon formalization and approval of an Ordinance by the City Council as required by law; all proper publication; and the development and recording of referenced covenants, restrictions, and reversion obligations; and WHEREAS, the City Council makes this offer contingent upon the City Clerk receiving conditional acceptance by Woodsonia Real Estate, Inc. no later than 4:00 p.m. on August 19th, 2026, with a sale ordinance anticipated to be presented to the City Council on September 8, 2026 with closing to occur by October 30, 2026, unless remonstrance periods or challenges require delay. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to offer the Property generally depicted in Exhibit A for sale "as-is", subject to the following key terms and conditions: Section 1. Survey. The offer and any resulting sale shall be conditioned upon the completion of a legal survey (the "Survey") by a licensed Nebraska Professional Land Surveyor defining and establishing the legal boundaries of the Property, excluding portions to be retained by the City. The Property for sale is generally designated above and in Exhibit A attached hereto and incorporated herein by reference, but shall be supplanted by the Survey once it is complete and the property is defined, at the sole discretion of the City. Section 2. Purchase Price and Payment. The purchase price for the Property shall be Three Million Dollars($3,000,000.00), to be paid in full by the purchaser at the time of closing. Section 3. Earnest Money Deposit. Upon acceptance of the offer by the City, the purchaser shall deposit earnest money in the amount of Five Percent (5%) of the purchase price, being One Hundred Fifty Thousand Dollars($150,000.00), with such deposit to be made by certified check provided to the City Clerk no later than 4:00 p.m. on August 19, 2026. Said earnest money shall be non-refundable and will be credited to the cost of any closing expenses first, then the remainder towards the final purchase price upon closing as may be authorized in the final sale ordinance. Should closing not take place, the deposited amount shall be forfeited to the City unless closing is prevented by successful remonstrance in which case the deposit, less any expenses associated with defense of any remonstrance action, will be returned to the purchaser. Section 4.Acceptance Deadline. Should the offer be accepted by and through the City Clerk no later than 4:00 p.m. August 19, 2026 the City will: prepare a sale ordinance as required by law, commence with processing said formal sale in compliance with law, procure a legal survey of the final sale boundaries, and develop and record all covenants and reversions consistent with the offer terms noted below and documented in the sale ordinance. The City anticipates presentation of said sale ordinance at a regular meeting of the City Council on September 8, 2026 with a closing to occur on October 30, 2026 unless remonstrance periods or challenges require delay. Section 5. Protective Covenants. &Reversions. The sale of the Property will be subject to protective covenants as developed by the City and incorporated into the sale documents and deed. Said covenants shall run with the land and shall include recordings consistent with the following: (a) Restriction on Manufacturing and Industrial Use. The Property shall not be zoned or used for any manufacturing or industrial uses, by the purchaser or any successor in interest for a period of at least 99 years. This prohibition shall be interpreted broadly and shall apply whether such designation or use arises by application, rezoning, conditional or special use authorization, or by any subsequent owner regardless of authorization. Purchaser shall similarly restrict subsequent owners by recorded declaration of covenants running with the land. (b) Tax Exemption. Purchaser shall not convey the Property, or any portion thereof, or any structures thereon, to any entity which would be exempt from the payment of real estate taxes, will not apply for exemption of real estate taxes from the county or the state, or cause the nonpayment of such real estate taxes; provided, however, that any parcel or lot owned by or transferred to (i) the City of Grand Island; (ii) Hall County, Nebraska; (iii) the State of Nebraska; (iv) Grand Island Public Schools; or (v) the owner or operator of a public utility shall be exempt from this limitation. Purchaser will similarly restrict subsequent owners by recorded declaration of covenants running with the land. (c) Real Estate Protest. Purchaser shall record a declaration of covenants running with the land that guarantees itself and any subsequent purchaser of a subdivided parcel, or ground lessee, shall not protest the assessed valuation of improvements below that which is associated with any established terms and conditions of any Redevelopment Contract or Agreement which may be entered into by the Community Redevelopment Authority on or before October 1, 2054. Purchaser will also require each lease, sublease, occupancy agreement, or other right of possession to contain a similar provision prohibiting the tenant from filing, supporting, financing, or cooperating in any tax protest inconsistent with the terms of any Redevelopment Note which may be developed by the Community Redevelopment Authority. (d) Separation from Real Estate. Purchaser shall not apply to the Hall County Assessor for the structures, or any portion thereof, to be taxed separately from the underlying real property encompassed within any future Redevelopment Site located in the purchased property so long as any Redevelopment Agreement or Note may be applicable, and will similarly restrict subsequent owners by recorded declaration of covenants running with the land. (c) Redevelopment and Good Life District Agreements. Purchaser shall cause any Redevelopment Agreements and Good Life District Development Agreements to be recorded with each parcel or lot to ensure notice runs with the land as to any such agreements as may be entered into from time to time. (d)Specific Critical Components.The portions of the property sold subject to a Reversion clause shall be used first for the delivery of all components identified as critical project components and the recorded agreement will specifically advise successors in interest that a portion of the property is subject to reversion should the critical components not be completed as required. This shall apply to all critical project components (Indoor Sports Complex of at least 140,000 sq ft, multi-purpose all turf outdoor fields, public infrastructure improvements, an expanded Eagle Scout Lake, an amphitheater, a fishing pier, and at least two miles of public trails) except for the aquatics center and the portion of land designated to be transferred to the Grand Island Public Schools. Section 6. Reversion Clauses. As a condition of sale, the offer and the deed conveying the Property shall include an express provision that all portions of the Property designated for Reversion in Exhibit A (to be more particularly defined by the Survey) except for the school lot shall automatically revert to the City of Grand Island upon the occurrence of either of the following conditions as defined in subparagraphs (a) and (b): (a) Failure to Commence Construction. The critical project components (excepting the Aquatics Center) of the Project outlined in the Good Life District Agreement (GLDA)— including the indoor sports complex element, multi-purpose all turf outdoor fields, and public infrastructure improvements—have not commenced construction within twelve (12) months of the date of closing (site preparation, mass grading, lake expansion, and sports complex) or within thirty-six (36) months of the date of closing (amphitheater, fishing pier, turfed outdoor sports fields); and/or (b) Failure to Complete. The critical project components of the Project outlined in the GLDA, and Sec 5(d) of this Resolution, (excepting the Aquatics Center) and final sale ordinance have not reached final completion within five (5) years of the date of closing. (c)Failure to Transfer School Lot. In the event the Developer has not transferred to Grand Island Public Schools a parcel or lot of sufficient size to construct and operate an elementary or middle school (proposed to be at least 10 acres) within the earlier of: 111 twelve (12) months of completion of site preparation and mass grading with respect to the critical project components; or, thirty-six (36) months from the date of closing, that lot shall revert to ownership by the City. For purposes of this Section, "Commencement" will generally be demonstrated by the issuance of building permits, approval by the City Engineer of public infrastructure plans and the commencement of construction, or other competent evidence of commencement issued by the City or other regulatory agency. "Completion" will generally be defined as acceptance of public improvements by the City, obtaining an occupancy permit for any buildings, or certification by the City that the project component has been completed through processes contained in an anticipated Good Life District Agreement. The reversion right established herein shall be set forth in the deed of conveyance and shall constitute a condition subsequent running with the land. In the event of reversion, as defined above, the City file proof of the same with the Register of Deeds and title to the Property shall automatically vest in the City of Grand Island without the necessity of re- entry or additional legal proceedings. Similarly, the City will provide Purchaser with written certification from the City upon commencement and/or completion of the critical project components as those tasks are accomplished. Section 7. Other Terms. (a) Access for relocation. The sale will be conditioned upon permitting the City continued access to the property as may be needed to relocate any utility, fiber optic cable, or other encumbrances from the sale parcel. (b) Tenant rights. Woodsonia will be required to permit the current farm tenant unincumbered access to the property until such time the current lease expires and all crops have been removed from the property. This is estimated to occur in late fall of 2026 and may occur prior to closing. (c) Public access and Developer access. The sale will acknowledge that the City may need to temporarily use, at no cost, Developer property for the relocation of existing sports facilities during construction of the Project and will acknowledge that the Developer will need to temporarily use, at no cost, City property for the construction of infrastructure intended to be public and to ensure proper site preparation. (d) Easement & Right-of-Way. The sale will be contingent upon the Developer agreeing to provide to the City, at the time of subdivision, and as may be needed from time to time through development, at no additional cost, liability, or expense, all property which may be required for temporary or permanent easement or right- of way related to public improvements and utilities(streets, sewers, storm sewers, electric or water utilities, or other utilities). (e) Other Warranties. The Purchaser understands they will purchase the property "as-is" and that the City cannot, nor will it, provide warranty or guarantee about the property's condition to include but not be limited to, environmental compliance. Purchaser has been given liberal access to the property and the City has permitted Purchaser's engineers access to the property for review as they have seen fit. (f) Title Commitments. Purchaser may pursue any title commitments or insurance it wishes to obtain at its expense. Should title commitments obtained before first reading of the sale ordinance demonstrate the City does not hold marketable title to the Property, the City will refund the Purchaser any posted earnest deposit. (g) Property Taxes.The City will remain responsible for all property taxes for the year prior to Closing and any portion of the year of closing on a prorated basis. (h) No Real Estate Commission. No party has, or will, retain any broker or agent to represent it in connection with this transaction who is entitled to any commission. If the City opts to use a third party to facilitate closing, it will do so at its own expense. Section 8. Formalization by Ordinance. The foregoing terms and conditions are intended as key terms for an offer to purchase the Property. The sale of the Property shall be formalized by ordinance of the City Council, which ordinance shall incorporate the terms set forth herein. No sale of the Property shall be final or binding upon the City until such ordinance has been duly adopted by law by the City Council of the City of Grand Island, Nebraska. Section 9.Authorization. The Mayor is hereby authorized to sign this Resolution and to present the offer contained herein to Woodsonia and the City Clerk is authorized to formally receive any acceptance and deposit of earnest money. Should the offer be accepted, the Mayor, City Administrator, City Engineer, and/or City Attorney are authorized and directed to take such steps as are necessary or appropriate to implement this Resolution, including but not limited to causing the Survey to be completed, signing any preliminary platting of land into lots they may deem necessary, and presenting a sale ordinance to the City Council for consideration at a meeting on September 8, 2026. Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2026. Roger G. Steele, Mayor Attest: Jil Granere, City Clerk EXHIBIT A . .Tit Ci[PY=$.le ............ w .z.:. .:,. 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