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.
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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.
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