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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. Space below intentionally left blank – Signature Page to follow SUBDIVISION AGREEMENT EXHIBIT EXHIBIT A FINAL PLAT