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WHEREAS, the audit revealed that benefits accruing to the University totaled $347,618.54, a substantial increase over the previous years; and
WHEREAS, these itemizations from the audit of the Foundation emphasize its increasing importance to the growth and well-being of this institution; therefore,
BE IT RESOLVED that the Board of Regents formally acknowledge the splendid achievements of the University of Nebraska Foundation in years past, and express its heartfelt appreciation to the Trustees, Officers and to its capable Director-Secretary, Mr. Perry W. Branch for diligently carrying forward its program in an exemplary fashion in 1957.
The foregoing was moved by Regent Greenberg, seconded by Regent Elliott, motion put to vote and carried.
Approve new contract with ICA for work in Turkey
It was moved by Regent Greenberg, seconded by Regent Foote, motion put to vote and carried, that the president of the Board of Regents be authorized and directed to execute in behalf of the Board of Regents, a new contract to supersede and extend the existing contract between the Board of Regents of the University of Nebraska and the Government of the United States of America, as represented by the International Cooperation Administration. Under this contract the Board of Regents agrees to use its best efforts to render technical advice to the cooperating country (Turkey) for the purpose of (a) creating a new land-grant type University (Ataturk), (b) training its faculty of Agriculture and supporting fields, and (c) developing and strengthening Ankara University's program in agriculture and veterinary medicine. The contract, to be effective on the date of the last signature thereto, is to continue until December 31, 1960.
Resolution re Purchase of Elgin Property
Following discussion, and after due consideration of the matter, it was moved by Regent Swanson, and seconded by Regent Elliott, motion put to vote and carried, that the following resolution be adopted:
RESOLUTION
WHEREAS, negotiations have been conducted over the past several weeks with Elgin National Watch Company, relative to purchase of the Elgin plant and parking lot adjoining on the south, and
WHEREAS, substantially increased enrollments are expected in the University within the next ten years, which will necessitate additional classroom and laboratory facilities, and,
WHEREAS, some present classrooms and laboratory facilities are becoming inadequate by virtue of age and obsolescence, and othere such facilities are overcrowded, and,
WHEREAS, there is a scarcity of suitable land adjoining present University property available for expansion, and that the purchase of the Elgin National Watch Company plant would provide needed classroom and laboratory facilities at a cost substantially lower than the cost of constructing a similar building, and purchase of the parking lot south of said plant would provide adjoining land for future expansion,
Offer to Purchase
THEREFORE, BE IT RESOLVED that The Board of Regents of the University of Nebraska submit to Elgin National Watch Company the following Offer to Purchase:
OFFER TO PURCHASE REAL ESTATE
To: Elgin National Watch Company, a corporation (hereinafter referred to as "Seller"):
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Pursuant to negotiations conducted over the past several weeks, the undersigned, The Board of Regents of the University of Nebraska, a corporation (hereinafter referred to as "Purchaser"), offers to purchase the following described property located in Lincoln, Lancaster County, Nebraska, to-wit:
Legal Description of Elgin Property
Lots One (1) to Fifteen (15), Block One (1), Second Northside Addition to Lincoln, Lancaster County, Nebraska, including also the North Half (N1/2) of vacated "W" Street from the East line of 16th Street to the West line of 17th Street, in the City of Lincoln, Nebraska; and,
Lots One (1) to Twenty-four (24), being all of Block Three (3), Second North Side Addition to Lincoln, Lancaster County, Nebraska, including South Half (S1/2) of vacated "W" Street from the East line of 16th Street to the West line of 17th Street in said city, together with and including all of the alleys in said Block Three (3) heretofore vacated, excepting a tract off the north side of Block Three (3) and including a portion of the South Half (S1/2) of vacated "W" Street, the tract conveyed being 30-feet wide and deeded by Abel Construction Company to Omaha, Lincoln & Beatrice Railway Company, described as being 15 feet in width on each side of the following described center line of the now constructed and operated track of said railway: Beginning at a point 1 foot north of the northwest corner of Block 3, Second Northside Addition to the City of Lincoln, Lancaster County, Nebraska; thence east on a line parallel with and 1 foot north of the north line of the said Block 3 a distance of 267.82 feet, more or less to a point 110 feet west of the east line of said Block 3 produced northward; thence on a curved line bearing to the left in a northeasterly direction, whose radius is 371.47 feet and a central angle of 14 degrees 16 min. a distance of 92.5 feet; thence continuing in a northeasterly direction on a straight line tangent to the last described curved line, a distance of 19.04 feet to an intersection with the east line of said Block 3 produced northward at a distance of 17.15 feet north of the northeast corner of said Block 3 but excepting from the foregoing the following described tracts of land designated as (A) and (B), to-wit:
(A) Beginning at a point 57.0 feet east and 16 feet north of the northwest corner of Block 3, Second Northside Addition to the City of Lincoln, Lancaster County, Nebraska; thence south at right angles to the north line of said Block 3 a distance of 5.5 feet; thence east parallel with and 10.5 feet north of the north line of said Block 3 a distance of 5.5 feet; thence east parallel with and 10.5 feet north of the north line of said Block 3 a distance of 164.0 feet; thence north at right angles to the north line of said Block 3 a distance of 5.5 feet; thence west parallel with and 16 feet north of the north line of the said Block 3 a distance of 164.0 feet to the place of beginning; and,
(B) Beginning at a point 30 feet north of the northeast corner of Block 3, Second Northside Addition to the City of Lincoln, Lancaster County, Nebraska, being on the east line of said Block 3, produced northward; thence west on a line parallel with and 30 feet north of the north line of said Block 3 a distance of 10.34 feet; thence northeasterly on a straight line a distance of 10.67 feet to an intersection with the east line of said Block 3 produced northward; thence south a distance of 2.63 feet to the place of beginning,
Continued
together with all appurtenances thereunto belonging, including an easement from Omaha, Lincoln & Beatrice Railway
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Company, granting to Seller the right to construct certain buildings over the 30-foot right-of-way owned by said railway, which easement is recorded in Book 28, Page 221 of Miscellaneous Records in the Office of the Register of Deeds, Lancaster County, Nebraska, and subject to easements and restrictions of record, on the following terms and conditions:
Re Purchase of Elgin Property
1. Purchaser is to pay the sum of $725,000.00 on August 1, 1958, on which date, Seller is to deliver to the Purchaser a warranty deed to the above described premises, containing the usual covenants of warranty, and is to deliver possession of said property to the Purchaser.
2. Seller is to pay all real estate taxes for 1957 and prior years. If 1958 taxes are assessed, levied and collected on said real estate, Seller agrees to pay its pro rata share of said 1958 taxes to date of possession. At the time of closing there shall be withheld from the purchase price an amount equal to Seller's pro rata share of 1958 taxes, using the amount of the 1957 taxes as a basis for said computation. In the event that 1958 real estate taxes are not assessed, levied and collected, Purchaser shall pay over to Seller the amount withheld as aforesaid. If said taxes are assessed, levied and collected and Seller's pro rata share exceeds the amount withheld, Seller shall pay to Purchaser the additional amount necessary to make up its full pro rata share of the same. If 1958 taxes are assessed, levied and collected and Seller's pro rata share is less than the amount withheld, the balance shall be paid to Seller. Seller is to pay all special assessments levied prior to August 1, 1958.
3. Seller shall have the right to remove all personal property on the premises and such other items of property, whether or not attached to the premises, as have been incorporated in or placed thereon in connection with Seller's operations, as it shall elect, including, but not limited to, Buss duct, exhaust system, including compressor, stocks and miscellaneous duct work, all movable standard type partitions, and one-third of the flourescent light fixtures now on the premises, and excluding, but not limited to, the normal lighting system except for one-third of the flourescent fixtures, all air-conditioning equipment, all humidity control equipment, all heating equipment and the cyclone fence around the building on said premises. All personal property and any fixtures which Seller is entitled to remove under the provisions of this paragraph and which are left on the premises on August 1, 1958 shall become the property of the Purchaser and Seller shall have no liability with respect thereto.
4. Seller is to assign to Purchaser all its right, title and interest as lessee in and to a certain lease, including improvements thereon, from the Missouri Pacific Railroad Company, dated March 1, 1951, recorded in Book 43, Page 384, of the Miscellaneous Records in the Office of the Register of Deeds, Lancaster County, Nebraska, covering a strip of land 17 feet wide along the north side of Block 1 of the aboved described premises, provided Missouri Pacific Railroad Company will consent to such assignment. In the event that said lessor will not consent to said assignment Purchaser agrees to hold Seller harmless from any and all claims and causes of action that said lessor may assert regarding removal of the fence or other improvements from said real estate property.
5. Seller is to continue in force until delivery of deed and possession, all fire and extended coverage insurance presently carried on the improvements on said property. In the event of loss by fire or other casualty covered thereby, prior to delivery of deed and possession of said property, the amount collected on said insurance shall be deducted from the purchase price. If the insurer has not made a settlement for such loss by August 1, 1958, Seller shall assign to Purchaser all its rights and claims against the insurer arising out of said loss. It is agreed, however, that said abatement of purchase price or assignment of rights and claims against the insurer shall not
Continued
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exceed the sum of $425,000.00.
6. Seller agrees to furnish to Purchaser within 15 days after acceptance of this offer, an abstract or abstracts of title showing good, sufficient and merchantable title to said real estate in Seller. Purchaser agrees to approve or disapprove title to the same within 30 days after receipt of the abstract or abstracts. If there are defects in the title which can be corrected, Seller shall have a reasonable time in which to effect such correction, which shall be at its expense. If there are defects in the title which cannot be corrected within a reasonable period of time, both parties shall be released from their covenants and obligations and this agreement shall become null and void.
7. It is mutually agreed that time is an essential element in this agreement, except for the provisions of Paragraph 6 above relating to the correction of defects in title.
8. This offer, when accepted, shall be binding upon the successors and assigns of the parties hereto.
Dated this 15th day of May, 1958.
THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA,
By C. Y. Thompson President
ATTEST:
Joseph Soshnik Assistant Secretary
There being no further business, the Board adjourned.
(signed) CYThompson President
Attest:
(signed) Joseph Soshnik Assistant Corporation Secretary
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Regular Meeting June 7, 1958
Lincoln, Nebraska June 7, 1958
The Board of Regents of the University of Nebraska met on this day for a regular meeting at 8:30 A.M. in the Administration Building on the city campus at Lincoln, as required by the by-laws.
Regents present: C. Y. Thompson, President J. L. Welsh J. G. Elliott B. N. Greenberg C. E. Swanson
Regents absent: Frank O. Foote
University officials present: Messrs. Clifford M. Hardin, Chancellor A. C. Breckenridge, Dean of Faculties Joseph Soshnik, Assistant Corporation Secretary Carl A. Donaldson, Business Manager
Minutes approved
The minutes of the proceedings of the Board at their meeting held May 15, 1958, were approved, copy of the same having been transmitted to the several members of the Board under its order of October 1, 1926.
From the Chancellor's Office comes reports of resignations, leaves of absence requests, new appointments, adjustments in work and salary and retirement. Money being available for those purposes from former apportionment by the Board, the following actions are taken.
Resignations approved
Resignations
Jerome Ritter, Clinical Assistant Professor of Internal Medicine without salary, effective May 1, 1958.
George B. Milum, Assistant County Agricultural Extension Agent, effective May 31, 1958.
Hilliard Pivnick, Associate Professor of Bacteriology, account 4704-W, effective June 1, 1958.
Lola H. Olive, General Counselor, Junior Division and Counseling Service, effective June 7, 1958.
Alice Braunwarth, Instructor in Physical Education for Women, effective August 31, 1958.
Eleanor M. Gradwohl, Instructor in Home Economics, effective August 31, 1958.
Aubrey C. Land, Professor of History, effective August 31, 1958.
Hiliard Pivnick, Associate Professor of Bacteriology, College of Arts and Sciences, effective August 31, 1958.
Jean Beyer Stange, Assistant Professor of Home Economics, effective August 31, 1958.
Edgar N. Johnson, Professor of History, effective September 1, 1958.
John Henry Thurber, Instructor in Speech, effective September 1, 1958.
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