RES 2020-0968 - Subdivision Agmt - Bruning's First Replat 1 (Outlots A-B)
Rev. 10/9/2019 1
SUBDIVISION AGREEMENT
BRUNING’S FIRST REPLAT 1 (Outlots A and B)
THIS AGREEMENT, made and entered into this _____ day of _______________ , 2020, among BRETT A.
GOTTSCH, a single person, WILLIAM L. GOTTSCH, a single person, ZACHARY L. GOTTSCH, a single person,
NICOLE P. JORDENING, a married person, JENNIFER R. HENDERSON, a married person, CHEYENNE L.
JENSEN, a married person, JEFFREY M. JACKSON, TRUSTEE OF THE BRETT A. GOTTSCH 2012 LEGACY
TRUST, a Nebraska Trust, CARRIE L. GOTTSCH, TRUSTEE OF THE WILLIAM L. GOTTSCH 2012 LEGACY
TRUST, a Nebraska Trust, GOTTSCH BROTHERS, LLC, a Nebraska limited liabilty company (hereinafter referred
to collectively as the "Subdividers"), and the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska
(hereinafter referred to as "City").
WITNESSETH
WHEREAS, Subdividers are the owners of the land included within the proposed plat attached hereto as Exhibit
"A", which parcel of land (hereinafter referred to as the "Area to be Developed") is outside the corporate limits of
the City and within the City's zoning and platting jurisdiction;
WHEREAS, the City has notified Subdividers of existing encroachments, which consist of building materials and
equipment ( including but not limited to stone, rocks, dirt, mulch, and associated items), into the floodway/flood
fringe areas located on Outlot B of the Area to be Developed and that such encroachments are in violation of the
Omaha Municipal Code and the City’s zoning regulations (the “Encroachments”); and
WHEREAS, Subdividers, or Subdividers’ successor(s) in interest, will own Outlots A and/or B, or Outlot A and/or B
will be owned by a homeowners association established by Subdividers or Subdividers’ successor(s) in interest; and
WHEREAS, the parties wish to agree on certain conditions for approval of the proposed plat, attached hereto as
Exhibit “A”.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement, the following words and phrases shall have the following meanings:
A. "Property benefited" shall mean property within the Area to be Developed (Exhibit "A"), which constitutes
Outlots A and B. Outlots A and B, inclusive, shall be owned and maintained by the Subdividers,
Subdividers’ successor(s) in interest, or a homeowners association established by Subdividers or
Subdividers’ successor(s) in interest.
SECTION I
A. Outlots A and B shall be used for Agricultural practices and will be owned and maintained by Subdividers,
Subdividers’ successor(s) in interest, or a homeowners association established by Subdividers or
Subdividers’ successor(s) in interest.
B. Subdividers acknowledge the existence of the Encroachments and shall cause the removal of the
Encroachments and remedy all violations of the Omaha Municipal Code and the City’s zoning regulations
within sixty (60) days of the full execution of this Agreement, unless otherwise agreed to in writing by the
Subdividers and City.
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SUBDIVISION AGREEMENT EXHIBIT
EXHIBIT A FINAL PLAT