ORD 41907 - Major Amendment Mixed Use District - Falling Waters C 10-04-060
ORDINANCE NO. 1gpi
AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement for
Falling Waters, located at 19431 Polk Street, to allow for the construction of a sign that does not
meet standard setbacks on Lot 4,between the City of Omaha and Ann Helm,Centris Federal Credit
Union, providing site development 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 the property located at 19431 Polk Street is developed in accordance with the provisions
of the Major Amendment to a Mixed Use Development Agreement attached hereto and made a part hereof
by reference.
Section 2. That if this Ordinance, 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 Major Amendment to a Mixed Use Development Agreement is hereby
approved.
Section 4. This Ordinance shall be in full force and effect fifteen (15) days from the date of its
passage.
ORDINANCE NO. Li kr/
PAGE 2
INTRODUCED BY COUNCILMEMBER
C ' ' 92,4Aewki-
'ti APPROVED BY:
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J U L 3 0 2019 -� MAYOR OF CI OF OMAHA A E
PASSED ACTING
ATTEST:
àLtkii% 7J3Ø4bep-hd,cITY CLERKCITY OF OMAD
APPROVED AS TO FORM:
?NO
4511• CITY TTO EY DATE
Pln1381jp •
AMENDMENT TO
DEVELOPMENT AGREEMENT
This MAJOR ME DMENT to Development Agreement(this Amendment)is made and entered into this
3j day of ,2019,by and between THE CITY OF OMAHA,NEBRASKA,a
municipal corporate of the State of Nebraska(City)and Centris Federal Credit Union(Developer)
WITNESSETH:
WHEREAS,the parties entered into a Development Agreement dated August 4,2015 providing for the
terms and conditions for the development of the subject property located at the;and
WHEREAS,The Developer desires to amend the Development Agreement to reflect a revised layout for
Lot 4 Falling Waters as shown on Exhibit`B";and
WHEREAS,The Developer desires to modify the sign setback requirement along Polk Street for Lot 4
Falling Waters as shown on Exhibits`B"and B Lot 4;and
WHEREAS,the Agreement needs to be amended to reflect the changes to Lot 4 Falling and revise Exhibits
"B"and MU4"as previously attached to the Agreement.
NOW,THEREFORE,the following is agreed between the parties hereto:
1. Exhibit`B"to the Agreement is repealed in its entirety and the attached Exhibit"B"is
substituted in its place.
2. Exhibit MU4 to the original agreement is repealed in its entirety and the attached Exhibit B
Lot 4 is substituted in its place.
In all other respects,the Agreement shall remain in full force and effect,and it is hereby ratified and
confirmed.
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK-
SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF,the undersigned have executed this amendment to the Development Agreement
on orb ore the çefiraboay an y ve written.�
By t(lI�'+"/ 1q
Centris Federal Credit Union Date `
STATE OF NEBRASKA )
)ss.:
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this 14 day of 3�Q, ,2019 by
km • 4-4)YY ,on behalf of the Centris Federal Credit Union.
. sk
No ary Public
CITY OF OMAHA,NEBRASKA
GENERAL NOTARY•State of Nebraska
MELANIE DASOVIC
By My Comm.Exp.February 9,2020
ACTING Mayor � �"
Attest:
a
By Gk' %&PIth2It&.1
4 , City Clerk
ty`pproved as to form:
By —7l/ f
Ass' i Atforney /