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CASHIER'S CHECK 131659
76-1316/1049
P.O. Box 248
Washington Blair, NE 68008 DATE 01/27/2015
COUNTY BANK 402-426-2111
PAY TO $ 300,000.00
ORDER OF E Airport Authority of the City of Blair
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NON-NEGOTIABLE
REMITTER Airport Authority of the City of Blair -New note 1 /2 AUTHORIZED SIGNATU
COPY 11' L 3 L 6 5 9110 COPY
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 Storm,
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 not
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. C112-51 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
S4 day of December, 2014.
Gary M. Petersen
Cheryl A. Petersen
2
THE CITY OF BLAIR, NEBRASKA FOR AND
ON BEHALF OF THE AIRPORT AUTHORITY
OF THE CITY OF BLAIR, NEBRASKA,
BYJ
Geary Combs
STATE OF NEBRASKA )
)ss'
COUNTY OFti
)
Vtoor:
On the X=cl 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.
GENERAL NOTARY State of Nebraska
^ / � DYANNE D WENDLtNG
Qp.( jj l(M.` My Comm. Exp. August 28, 2016
AI 1dL'7%h%—C
Notary Public
BLAIR AIRPORT AUTHORITY
30534 1/27/15
Vender Number Cbdm Daft
SHERRETS BRUNO & YOGT LLC & GARY PETERSEN & CHERYL PETERSEN
Cheek Number
Amount Number
30 800 5528 ISE AGREEM ENT .0. [ Z — 34]0021 320;000:00
PAYMENT
I do sokataly sweartiat tie above is true and earieet to the best o%y knowledge.
Snbowibed and sworn to before se this 2M day oUsaaary, 2015.
Finance Committee Approval:
P Frahm City Treasurer
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