ORD 35081 - MUD agmt northeast of 171st St and W Center Rd OMAHA,NF Planning Department
`,��°F RECEIVED Omaha/Douglas Civic Center
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(402)444-5150
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` 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
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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
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LAKESIDE HILLS REPLAT 4
DOUGLAS COUNTY. NEBRASKA
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- "'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