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ORD 35081 - MUD agmt northeast of 171st St and W Center Rd OMAHA,NF Planning Department `,��°F RECEIVED Omaha/Douglas Civic Center _ems L'I*P!�f l; 1819 Farnam Street,Suite 1100 Met t z It �� � 9�� NOV � 5 �� (�. �6 Omaha,Nebraska 68183-0110 r+7+0.f[ 0; a, (402)444-5200 (402)444-5150 `1Re .�� 4 "`i Telefax(402)444-6140 �zD FEB 8 a idl.i7:HA : ✓mot . ` 1' " Robert C.Peters City of Omaha Acting Director Hal Daub,Mayor November 23, 1999 Honorable President and Members of the City Council, The attached Ordinance approves an amended Mixed Use Development Agreement for property located Northeast of 171 st Street and West Center Road (Lakeside Hills Replat 4). The agreement provides site development and use standards and assures that the subject site is developed in accordance with the approved agreement. Respectfully submitted, Referred to City Council for Consideration: y Robert C. Peters Mayor's Office/Title Acting Planning Director P:\PLN3\4674.PJM `-moo { . ORDINANCE NO. c5514 Y/ AN ORDINANCE to approve an amended Mixed Use Development Agreement for property located Northeast of 171st Street and West Center Road(Lakeside Hills Replat 4)between the City of Omaha and Seventy-eight, L.L.C. providing site development and use standards; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, in the interest of maintaining public health, safety, and welfare, desires to assure that the property located Northeast of 171st Street and West Center Road (Lakeside Hills Replat 4)is developed in accordance with the provisions of this amended Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, amended Mixed Use Development Agreement, or portion thereof,is found to be invalid, any zoning ordinance applicable to such site shall not be invalidated for such reason. Section 3. That this amended Mixed Use Development Agreement is hereby approved. Section 4. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. INTRODUCED BY COUNCILME ER G14 �• APPROVr4, Y: 1 &Ube' PASSED • DEC 2 ��9 CO_o MAYOR OF THE CITY OF OMAHA DAT ATTEST: 4-,/‘ 0g/ /9/. CITY CLERK OF THE CITY OF OMAHA DA E/ APPROVED AS TO FORM: J:Z774t77- fts P:\PLN3\4675.PJM /S CITY ATTORNEY DATE • AMENDMENT TO MIXED USE DEVELOPMENT AGREEMENT This Amendment to Mixed Use District Development Agreement is made and entered into this Q1"j day of 1. 2,,w11.45,t,N , 1999 by and between SEVENTY-EIGHT, LLC, a Nebraska limited liability company ( "Owner" ) , and the CITY OF OMAHA, a municipal corporation in the State of Nebraska hereinafter referred to as (the "City" ) . W I T N E S S E•T H: WHEREAS, City and THC, INC. , a Nebraska corporation, as the Developer entered into a Mixed Use District Development Agreement dated July 13 , 1994 (the "Mixed Use District Development Agreement" ) , and WHEREAS, Owner is the successor in interest to THC. INC. with respect to that portion of the property covered by the Mixed Use District Development Agreement known as Lots 7 and 8 of Lakeside Hills, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska (the "Subject Property" ) , and Owner is requesting that the City approve an administrative replat of the Subject Property into Lots 1, 2 and 3 of Lakeside Hills Replat 4 , a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska (the "Replat 4") , and WHEREAS, the parties desire to amend the Mixed Use District Development Agreement in order to set forth and delineate the modifications necessitated by the replatting of the Subject Property into Replat 4 . NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledge, the parties hereto agree as follows : 1 . Reallocation of Sign Budget. The parties agree that Section 6 . 1 of the Mixed Use District Development Agreement , and. Exhibit "D" referred to in said Section 6 . 1, shall be amended to reallocate as among the lots included within the area subject to Replat 4 the Sign Budget, with such sign budget to be reallocated to the Lots constituting the entire area of Replat 4 in the following manner: LOT USE TYPE TOTAL PERMITTED SIGN AREA (SQ. FT. ) 1 COMMERCIAL 300 2 COMMERCIAL 550 3 COMMERCIAL 450 • 2 . Reference to Lots Comprising Subject Property. Effective upon the approval by the City of Omaha of the replat of the Subject Property into Replat 4, any reference in the Mixed Use District Development Agreement to Lots 7 and 8 of Lakeside Hills, shall mean and refer to Lots 1, 2 and 3 of Replat 4 Lakeside Hills, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska. 3 . Revised Development Plan. Attached hereto as Exhibit B is a revised Development Plan for Lots 1 . 2 and 3 of Replat 4 Lakeside Hills, a subdivision, as surveyed, platted and recorded in Douglas County, Nebraska which shall supercede the Development Plan set forth in the Mixed Use Development Agreement to the extent that the same is inconsistent with such Development Plan. 4 . Ratification. Except as otherwise amimended herein, the terms of the Mixed Use District Development Agreement shall remain in full force and effect as written. Dated as of the date and year first above written. CITY OF • / ATTFS By: A-7 ayor Ci .- Clerk B : Q-SC>27‹:77-`--12'C-4-Approved: y aa / President, City Council i��� Assistant City Attorney SEVENTY-EIGHT, LLC, By: W� erli, Me ber By: g' • K. Johnson, Member By: Charles V. Sederstrom, Member BES DEVE O MENT, L C, e e`r By: Elliott ' . Go h, Managing Member STATE OF NEBRASKA ] COUNTY OF DOUGLAS ] ,SS. The foregoing Amendment to Mixed Use -Dev,lopment Agreement was acknowledged on thise2/0 day of , 1999, by Elliott L. Gosch, Managing Me er 1---BES DEVELOPMENT, LLC, a Nebraska limited liability company, on eh4lf of such company. GENERAL NOTARY-State of Nebraska III DONNA L.CHRISTIAN Notary Publi My Comm.Exp.June 30,2001 ---,94-0--'L— ' STATE OF NEBRASKA ] COUNTY OF DOUGLAS ] SS. The foregoing Amendment to ixed Use Deve .o ment Agreement was acknowledged on this of L , 1999, by Wayne Kehrli, a member of SEVENTY-EIGHT, LLC, a Nebraska limited liability company, on behalf of s .fi company. 1 �' ` GENERAL NOTARY-State of Nebraska � Y DONNA L.CHRISTIAN o ary Publiir� —• _.••^ My Comm.Exp.June 30,2001 STATE OF NEBRASKA ] COUNTY OF' DOUGLAS ] SS. The foregoing Amendment to Mixed Use De elopment Agreement was acknowledged on this (%' - day of cp , 1999, by Virgil K. Johnson and Charles V. Sederstrom, members of SEVENTY-EIGHT, LLC, a Nebraska limited liability company, on behalf of such company. + ° GENERAL NOTARY-State of Nebraska i LYNDA K.SULLIVAN • ::1-— My Comm.Exp.Feb.16.2000 v \_ &-•,:„:-..- Nota Public C:\WPFILE-1\SID\AGREES\LAKEMIXD.AMD • ........... .,. , • . . . . , . . , . , LAKESIDE -.=- 1-------1 ! ! i .• .. P. t' „....- il I - PLAZA - . ) , ........ . . ,----- Cn 1-4 ....-- ------ t=:/ C-7 -- -_--;;;---- --- -- --- _- -- -- t, _JI11111111111111111 = 'i r-72--—ii i — . -.4 ----- ' t4 /...c. I —' - I _ I I • M Cn - I I 8 ==i I —, =74 T--- , . ...„ it, 6 ,t,. Ird 1 II 0 ict Ill J17.5 \ I til I -7.5r III --57--i 1 / ... ..1 1 t...4 . , -,- .,''// ..-,-• , °I •1 A , )' .3 2 i t. > \ • . ..-- - --• ,, . P•• • / i / / / ; I ,S.: • i I i / 1 r i 1 i r i 41) i ,.. „ i . . 1 i 1 1 1: i 1-1 • 0 1, ..... , N 1111:-Ail i 1 H .1 w 1,1 i .;,,....g ..,4 1 0 : RI ill Flh 1.4 ,..,..•• r.., ,..,,rir„;....,,r, 0 illog 11 / i E E ^ el. 1g ilif '.1',.." p• ufi)765w ,1N K i I i, is AlOov.,.4. 1 ii ,4111 t ; i I el i f II, / 4.1 , 3`", -iiallige g 2 2 i It 55 1 A t! i —i at P gik. lamp,.rxrarson&associates,inc. 1 II 1 I la 1 1 t !I• 1 I . DEVELOPMENT PLAN i 14,10 set deft&roma.Wise WO ft'"":" = EXHIBIT B lir- • 1111 gli 2z . Pi g ern7.4cooks 08104.20118 LAKESIDE HILLS REPLAT 4 DOUGLAS COUNTY. NEBRASKA • • z • , CO 0 CD CO 7te 1 al v 33 4.- -.7")--s:Nsil 'ke'r".1)<--4---------- 311 NI OMNI 0 rri n. a � d y yc a (IQ s:) onm ofA zf9 NA_ to 0.MI rn -�. o ;Is- m, C'� + t � - -rs o Q. Z o tnrl p �'tl 0 , O (p"� o w• O q ° 0 8 ! ♦ C m m y a rtb LA - .8 0 i - 6. m N vp \, w . ,. o m rn C .. Xi N::C Q to 2 tP p, 0 r ' - "'mar...FUBUIC"_~ THE DAILY RECORD ORDINANCE NO.350811 ,' AN ORDINANCE to approve rInVriended OF OMAHA Mixed Use Development Agreement for property located Northeast'of"171st Street RONALD A. HENNINGSEN,Publisher ` and West Center Road (Lakeside Hills Replat PROOF OF PUBLICATION 4)between the City of Omaha, and Seventy eight, L.L.C., providing site development and use standards; and to provide for an effective date. UNITED STATES OF AMERICA, SUMMARY: • • The State of Nebraska, AN ORDINANCE to approve an amended District of Nebraska, 9S. Mixed Use.Development Agreement for County of Douglas, property located Northeast of 171st Street City of Omaha, and West Center Road (Lakeside Hills Replat 4)between the City of Omaha, and Seventy- eight, L.L.C., providing site development JOHN P. EGLSAER and use standards; and to provide for an effective date. being duly sworn,deposes and says that he is PASSED: December 21, 1999, 6-0 APPROVED BY: HAL DAUB 12/27/99 ADVERTISING MANAGER MAYOR OF THE CITY OF OMAHA BUSTER BROWN, of THE DAILY RECORD,of Omaha,a legal newspaper,printed and 1-4-00 City Clerk published daily in the English language, having a bona fide paid -- circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on January 4, 2000 T r alal i q,t•wspaper during that time was regularly published and • eneNlct 4 lation in the County of Douglas, and State of i rGS-N E ti••. _P •'�,ENERqi•• 10111 "tPuu9/usher's Fee $�.V..'t' • _Sid' !� Tf Ai . .. -.i Su. . In my ptesen and s to i• M166UN i EXPIRES ; 1 10 before me this 4th. . ...day of Total-- $ Janu 00 1+is tr7�qY 6,2-000S,Q . y 2 ��h\;4�fVE�WP= ry c in d f r g State of Nebraska - - - n • • "NOTICE TO PUBLIC- THE DAILY RECORD The following Ordinance has been set for OF' OMAFIA City Council hearing on December 21, i 1999 at 2:00 o'clock p.m. in the Legislative RONALD A. HENNINGSEN, Publisher Chambers, Street, at h Civic Center, PROOF OF PUBLICATION 1819 Farnam Street, at which hearing all persons interested,may be heard. AN ORDINANCE to approve an amended , Mixed Use Development Agreement for UNITED STATES OF AMERICA, property located Northeast of 171st Street The Stateof Nebraska, and West Center Road (Lakeside,Hills Replat District of Nebraska, ss, 41 between the City of Omaha;and Seventy- eight, L.L.C., providing site development QountyofDouglas, and use standards; and to provide for an City of Omaha, effective date. BUSTER BROWN, JOHN P. EGLSAER 11-26-99 City Clerk - being duly sworn,deposes and says that he is ADVERTISING MANAGER of THE DAILY RECORD,of Omaha,a legal newspaper,printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on November 26 , 1999 That N si ,per during that time was regularly published and ingeneral�•,cir,�Culatill in the County of Douglas, and State of 1V rasi<a,N ERq�••;.Q.ct's. , Publisher's Fee RI 1 6•ti 7.0 . / e.. p � . r 9 Additioruu_Jo ies • I4ribed in my p oe and : !rn to EJU irL. 26th �l,• 7,,4 before me this day of yfi',,��...,( 2.0.I;S��.i .... N v e b r 19 ..9 9 �`,,,FOF NEB Notes c In and or t t t• .; .,: ty, State of ebraska