2014-12-05 Sherrets, Bruno & Vogt Ck# 131269 $1,000,000.00DOLLARS
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CUSTOMER #
INVOICE # REFERENCE
RELOCATE RELOCATION TREES
CHECK DATE: 12%04/14 CHECK #
WL85111M1 DUGM OMNESS FORMS 40233"173
Subscribed and sworn to before me this 4th day of December, 2014.
P Frahm City Treasurer
Finance Committee Approval:
30534
Vendor Number
SHERBETS, BRUNO & VOGT LLC
GARY M PETERSEN CHERYL A PETERSEN
Account Number
30 800 5528 IRELOCATION TREES
I do solemnly swear that the above is true and correct to the best of my knowledge.
Subscribed and sworn to before me this 4th day of December, 2014.
Finance Committee Approval:
12/5/14
Claim Date
I qz?-
Check
Number
1?,— 3(9(002. 1 1,000,000.00
Total $ 1,000,000.00
P Frahm City Treasurer
SETTLEMENT AGREEMENT
This is a settlement agreement between Gary M. Petersen and Cheryl A.
Petersen, husband and wife, (Petersens) and the City of Blair, Nebraska for and on
behalf of the Airport Authority of the City of Blair, Nebraska (City).
WHEREAS, the Petersens appealed from the first stage decision of Rod Storni,
Airport Manager for the Airport Authority, contesting the amount of relocation benefits
payable to the Petersens related to trees held for resale; and
WHEREAS, Timothy P. Orrick, the hearing officer designated by the Airport
Authority to hear the Petersens' appeal, has recommended the Airport Authority should
pay 1.32 million to the Petersens for actual loss of their nursery stock; and
WHEREAS, the parties desire to avoid further litigation and have reached an
agreement resolving the Petersens' claim for relocation benefits;
NOW, THEREFORE, the parties agree as follows:
1. The Petersens agree to accept the sum of $1.32 million payable as follows to
fully and completely satisfy all their remaining claims for relocation benefits, whether
known or unknown, related to the condemnation of their property described in Case No.
C109-308 in the District Court of Washington County, Nebraska, including, but n4
limited to, all claims for relocation benefits related to trees existing on the Petersen
property as of October 7, 2009:
a. 1 million dollars payable upon execution of this agreement; and
b. $320,000 payable on or before February 1, 2015.
2. The Petersens shall dismiss their pending appeal for relocation benefits in the
administrative proceedings before the Airport Authority and in Case Nos. Ct12-51 and
C112-71 in the District Court of Washington County, Nebraska.
3. Each party had a meaningful opportunity to consult with legal counsel
concerning the nature and effect of this "Settlement Agreement," and acknowledges a
full and complete understanding of its terms.
4. This Agreement contains all the terms and conditions of the parties'
agreement and the parties hereto are not relying upon any statements, representations,
promises or other inducements which may have been made by any other party or their
representative prior to the execution of this Agreement.
5. This Agreement and the rights and obligations of the parties hereto shall be
governed by the laws of the State of Nebraska.
6. This Agreement shall not be altered, amended or modified in any respect
except by writing duly executed by all parties hereto.
7. This Agreement may be executed in one or more counterparts each of which
shall be deemed an original but all of which together shall constitute one in the same
Agreement.
8. This Agreement shall be binding upon the heirs, personal representatives,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on this
S'= day of December, 2014.
Gary M. Petersen
I �
fCheryl A.-reterser.
r
THE CITY OF BLAIR, NEBRASKA FOR AND
ON BEHALF OF THE AIRPORT AUTHORITY
OF THE CITY OF BLAIR, NEBRASKA,
womwalt
. -RIM
STATE OF NEBRASKA )
) ss.
COUNTY OFbid
—)
aL-4 .
On the :% day of December, 2014, before me, the undersigned Notary Public,
appeared Gary M. Petersen and Cheryl A. Petersen, husband and wife, known to me to
be the identical persons who signed the foregoing instrument, and they, having been
first duly sworn, acknowledged the execution thereof to be their voluntary act and deed.
Witness my hand and seal this date.
09K VOTARY -State of Nebraska
f * May c mre. Must 2B 20 6
�Vn '
Notary Public
Peggy Frahm
From: McGargill, JoniUmcgargill@washingtoncountybank.com]
Sent: Wednesday, December 03, 2014 2:20 PM
To: Peggy Frahm
Subject: Cashier's Check
Hi Peg,
Just letting you know the cashier's check requested by Rod Storm is ready for you to pick up on Friday. I have it at my
desk along with the advance sheet we'll need you to sign.
Thanks Peg, see you Friday!
.coni McGargill
Commercial Administrative Assistant
Washington County Bank
1523 Washington Street
PO Box 248
Blair, NE 68008
402.533.0155 direct
402.426.8177 fax
www.washingtoneountybank.com
IMPORTANT NOTICE: The information contained in this electronic transmission and any attachment(s) is proprietary,
confidential and/or subject to legally enforceable protection(s). It is intended solely for the addressee(s) identified above. If
you are not an addressee, or responsible for delivering this transmission to an addressee, you have received this
message in error and you are strictly prohibited from further reading, disclosing, copying, distributing or using this
information in any manner. f=ailure to abide by these instructions may subject you to liability, If you believe you have
received this message in error, please first notify the sender by return electronic transmission and then destroy this and all
copies of the message and any attachment(s). The company accepts no liability for actions taken on the basis of the
content of this communication unless that content is subsequently confirmed in writing. Electronic transmissions are not
scanned for response deadlines or legal demands: please use an alternative form of communication. Thank you,
Peggy Frahm
From: Chatt, Sarah [schatt@wash!ngtoncountybank.com]
Sent: Wednesday, December 03, 2014 10:59 AM
To: Rodney Storm
Cc: Peggy Frahm; McGargill, Joni
Subject: RE: Petersen
Joni McGargill, the Commercial Administrative Assistant in Blair, will have this cashier's check ready on Friday morning
made payable to the Blair Airport Authority. Thanks!
Sarah Chatt
Washington County Bank
402.374.2020
From: Rodney Storm [mailto:rstorm@ci.blair.ne.us]
Sent: Wednesday, December 03, 2014 10:55 AM
To: Chatt, Sarah
Cc: Peggy Frahm
Subject: RE: Petersen
Sarah: Just to be clear we will be paying Petersen's with a Airport check jointly payable to Sherrets Bruno Vogt LLC, Gary
Petersen, and Cheryl Petersen. Your draft will need to be made payable to the Blair Airport Authority. Peggy will make
the transaction Friday morning.
Me!
From: Rodney Storm
Sent: Tuesday, December 02, 2014 11:48 AM
To: 'Chatt, Sarah'
Cc: Peggy Frahm
Subject: RE: Petersen
Sarah: Update! The agreement will be signed by Friday and I will have to deliver the first check for $1,000,000 on Friday
late morning or early afternoon.
From: Chatt, Sarah [mailto:schatt@washingtoncountybank.com]
Sent: Tuesday, December 02, 2014 9:22 AM
To: Rodney Storm
Cc: Peggy Frahm
Subject: FW: Petersen
Rod,
Did you need an advance yet for the $1,000,000? Thanks.
Sarah Chatt
Washington County Bank
402.374.2020
From: Parker Schenken fmailto:tpschenkenCabbairdholm.com]
Sent: Wednesday, November 26, 2014 11:36 AM
To: Rodney Storm; Chatt, Sarah
Cc: Peggy Frahm; Brenda Wheeler; Tyler J. Mullen
Subject: RE: Petersen
Good morning — attached is a proposed resolution authorizing up to $325,000 in notes. A redline showing changes from
the similar resolution adopted for the 2014A Note is also attached as information. Rod, I understand you want to shoot for
the 12/16 meeting. I've used $325k just in case there is a minor adjustment in the amount. I've also used the 3.30% rate
provided by Sarah. The maturity date has been set to match A and B, and I've assumed a closing date sometime in
December. Please let me know if there are any questions or comments.
Happy Thanksgiving to all!
Parker
T. Parker Schenken
Baird Holm LLP
1700 Farnam Street
Suite 1500
Omaha, NE 68102-2068
www.bairdholm.comf bairdholm.comI
402.636.8343 Direct Dial Phone
402.616.2874 Cell Phone
402.344.0588 Fax
tpschenken(c.bairdholm.com
This communication, along with any attachments, is covered by federal and state law governing electronic
communications and may contain confidential and legally privileged information. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly
prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.
From: Rodney Storm[mailto:rstorm(a)ci.blair.ne.us]
Sent: Friday, November 14, 2014 9:29 AM
To: Parker Schenken; Chatt, Sarah
Cc: Peggy Frahm
Subject: Petersen
Parker & Sarah — Just a quick note to let you know we have settled the relocation on Petersen's Trees. We settled for
more than we felt it was worth but in saying that the possibility that it could have been significant worse was a real
reality. If only a person could know what direction a judge would go. The settlement was for a little over $1.3 million and
was the amount recommended by the hearing officer. By my quick numbers we are short about $300,000 on the current
note. Do we redo the note B to a larger sum or do we issue a third note C to cover the shortage. Parker if we approved
the new note at the Dec. 16th meeting, when could be close? We need to be able to let Petersen's attorney know for
final settlement. I anticipate paying the first $1,000,000 sometime in the next couple of weeks. I believe the TEFRA
hearing authorized $3.5. Do we need to have an additional hearing. I will be out of the office until Nov. 25th, so please
correspond via email and if we need to talk I can be available after Monday by calling my cell 402-533-3535. Once this is
' � F
all completed I will start working with the STATE NDA and FAA to determine when we can get a grant. There is a end
coming.
Thanks
Rod Storm
City Administrator
City of Blair
Blair, NE 68008
rodstorm@ci.blair.ne.us
402.426.6693 Direct Office
402.533.3535 Cell
402.426.4195 Fax