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2013-12-12 Sherrets, Bruno & Vogt LLC $323,200.0012/12/13 1504 **323,200.00 THREE HUNDRED TWENTY THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS SHERRETS BRUNO & VOGT LLC & GARY & CHERYL PETERSEN CUSTOMER # 30534 SHERRETS BRUNO & VOGT LLC & INVOICE # REFERENCE GL ACCOUNT # NET SETTLEME DEDUCT MOVED STORAGE SHED 30-800-5528 700.00- SETTLEME PER SETTLEMENT AGREEMENT 30-800-5528 323900.00 CHECK DATE 12/12/13 CUSTOMER # INVOICE # REFERENCE CHECK # 1504 TOTAL: 323,200.00 30534 SHERRETS BRUNO & VOGT LLC & GL ACCOUNT # NET SETTLEME DEDUCT MOVED STORAGE SHED 30-800-5528 700.00- SETTLEME PER SETTLEMENT AGREEMENT 30-800-5528 323900.00 CHECK DATE: 12/12/13 CHECK # 1504 TOTAL: **323,200.00 BLAIR AIRPORT AUTHORITY 30534 Vendor Number SHERRETS, BRUNO & VOGT LLC GARY M PETERSEN CHERYL A PETERSEN 12/12/13 Claim Date ®1 Check Number Account Number Description 30 800 5528 PER SETTLEMENT AGREEMENT 323,900.00 30 800 5528 DEDUCT MOVED STORAGE SHED -700.00 Total $ 323,200.00 I do solemnly swear that the above is true and correct to the best of my knowledge. Subscribed and sworn to before me this 12th day of December, 2013. P Frahm City Treasurer Finance Committee Approval: Rodney Storm From: cmock@johnsonandmock.com Sent: Thursday, December 05, 2013 4:02 PM To: Rodney Storm Subject: Fw: Petersen Here is Bruno's response to the shed issue. From: Bruno, Jason Sent: Thursday, December 05, 2013 3:49 PM To: Clarence Mock Cc: Law Subject: Petersen I spoke to the Petersens and you may deduct the $700 for the storage shed from the payment of $323,900 provided that payment is made within the next 7 days. Thanks. Jason M. Bruno Attorney At Law Licensed in Nebraska, Arizona, Sherrets Bruno & Vogt, LLC 260 Regency Parkway Drive Suite Omaha, Nebraska 68114 Office (402).390-1112 Fax (402) 390-1163 Minnesota, and Texas This e-mail message is a confidential communication from the law firm of Sherrets Bruno & Vogt, LLC and may be subject to attorney-client privilege. The information contained in this electronic communication, and any attachments thereto, is privileged and confidential and intended solely for use by the addressee(s). Any other use, dissemination, or copying of this electronic communication is strictly prohibited and is a tortious interference with our confidential business relationships. If this was erroneously sent to you, please notify us immediately at (402) 390-1112 and permanently delete the original and any electronic or printed copies of this electronic communication. X0164A /' PC -,e /gjrJUs Ddu c rad Uv�ci - IIvaie 1 of", � LLC' 900 f 760 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 on April 18, 2013, the parties mediated their dispute related to the City's exercise of eminent domain and relocation issues related thereto; and WHEREAS as a result of the mediation, the parties have reached an agreement resolving certain aspects of the eminent domain action and the relocation proceeding; NOW, THEREFORE, the parties agree as follows: A. Eminent Domain Issues: 1. Petersens agree to accept the additional sum of $710,189, payable jointly to Sherrets Bruno & Vogt LLC, Gary Petersen, and Cheryl Petersen, within 14 days, as full and complete satisfaction of all their claims, whether known or unknown, related to condemnation of their property described in Case No. Cl 09-308 in the District Court of Washington County, Nebraska other than claims related to relocation expressly reserved in paragraph B. After payment of the amount set forth in this paragraph: a. the parties shall enter into a stipulation for dismissal with prejudice dismissing Case No. CI 09-308; b. Petersens shall dismiss the pending appeal before the Nebraska Supreme Court with prejudice; c. the City shall immediately have the right to enter the condemned property to remove and/or trim trees without interference by Petersens; d. Petersens shall vacate the premises not later than October 1, 2013, and e. Petersens shall have no salvage rights to any structure on the condemned property. B. Relocation Issues: 1. Regarding the relocation actions currently on file as Case Nos. Cl 12-51 and CI 12-71 in the District Court of Washington County, Nebraska and the administrative proceedings before the City currently on remand, Petersens waive and forego compensation for any relocation benefits except: a. -the City shall pay the -Petersens the sum of $323,900 upon presentation of evidence of the actual removal or moving of personal property and equipment, other than nursery stock, on the premises in accordance with applicable relocation regulations and Petersens' claims for relocation benefits for the trees on the condemned property; and b. the parties agree the value and claim to the trees regarding relocation benefits shall be fixed as of the date of the taking on October 7, 2009 and nothing in this agreement shall affect or operate to prejudge the Petersens' claims for relocation benefits related to the trees on the condemned property. C. Additional Provisions: 1. 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. 2. 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. 3. This Agreement shall be governed by the laws of the State of Nebraska in accordance with applicable Federal law. 4. This Agreement shall not be altered, amended or modified in any respect except by writing duly executed by all parties hereto. 5. 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. 2 6. 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 day of , 2013. Gary M. etersen d&ja' Che#1 A. Petersen THE CITY OF BLAIR, NEBRASKA FOR AND ON BEHALF OF THE AIRPORT AUTHORITY OF THE CITY OF BLAIR, NEBRASKA, 2 BY . ,1 �� I,-,- Geary or bs STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON ) On theft day of ��� , 2013, before me, the undersigned Notary. Public, appeared Gary M. F%tersen 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. 9 0ERM-1- 3 ary Public ,IMy STATE OF NEBRASKA ) ) ss. COUNTY OF WASHINGTON } On the,2?2_ day of jj--', 2013, before me, the undersigned Notary Public, appeared Geefry Combs, known to me to be the identical person who signed the foregoing instrument, and he, having been first duly sworn, acknowledged the execution thereof to be his voluntary act and deed and the voluntary act_ and deed of the City of. Blair. Nebraska for and on behalf of the Airport Authority of the City of Blair, Nebraska. Witness my hand and seal this date. r 9tOZ'tE'uep tlTWWOOM NOSNISOHorAuvw kLotapuKlic gSR148N 10 01VIS • AUVION IV039 Ell