RES 2019-0795 - Amendment to subdivision agmt, Country Club Hills Replat 6RESOLUTION NO. ] — 5-
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, CCO Estates, LLC, a Nebraska limited liability company, the CCO Estates Home
Owners Association, and the City entered into a Subdivision Agreement adopted by the City Council of the
City of Omaha with Resolution No. 147 on February 14, 2017, which covered the public improvement of
Country Club Oaks Replat 5 (Lot 1 and Outlots A-D), located southwest of 60th and State Streets; and,
WHEREAS, CCO Estates, LLC, a Nebraska limited liability company, proposes to replat some
of the original subdivision as Country Club Oaks Replat 6; and,
WHEREAS, the parties agree to the use, ownership, and maintenance responsibilities for
Outlots A-C, Country Club Oaks Replat 6; and,
WHEREAS, an Amendment to Subdivision Agreement has been prepared setting forth all the
provisions mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the Amendment to Subdivision Agreement among the City of Omaha, CCO Estates,
LLC, a Nebraska limited liability company, and the CCO Estates Home Owners Association, as
recommended by the Mayor, providing for the use, ownership, and maintenance responsibilities of the
outlots, is hereby approved. The Subdivision is known as Country Club Hills Replat 6 (Outlots A-C) and is
located located north of 60th Court and Country Club Oaks Place.
P:\rah\1696rah.doc APPROVED AS TO FORM:
IN.
• -7 2S tit
CITY ATTORNEY DAT
Adopted:
AUG 2 0 2019 -�
Attest:
City CI
Approved:
Mayor
AMENDMENT TO SUBDIVISION AGREEMENT
Country Club Oaks Replat 6 (Outlots A-C)
This Amendment to Subdivision Agreement ("Amendment") is made and entered into this
no day of , 2019, by and between CCO ESTATES, LLC, a Nebraska limited
liability compa y, (hereinafter referred to as "Subdivider"), the CCO ESTATES HOME
OWNERS ASSOCIATION (hereinafter referred to as "Association"), and the CITY OF OMAHA,
a municipal corporation in the State of Nebraska (hereinafter referred to as "City").
WITNESSETH
WHEREAS, Subdivider entered into that certain Subdivision Agreement Country Club
Oaks Replat 5 (Lots 1-6 and Outlots A-B) with the Association, and the City, which was approved
by the City Council on February 14, 2017 by Resolution No. 147 (as the same may have been
previously amended, the " Subdivision Agreement"); and
WHEREAS, Subdivider is contemporaneously hereto filing Replat 6 of Lots 1-6 and
Outlots A-C, and as a result the parties hereto agree to the terms set forth in this Amendment.
NOW, THEREFORE, the parties agree as follows:
Exhibit "A" to the Subdivision Agreement is deleted in its entirety and replaced with the
Exhibit "A" attached hereto.
2. Exhibit 'B" to the Subdivision Agreement is deleted in its entirety and replaced with the
Exhibit "B" attached hereto.
3. Exhibit "C" to the Subdivision Agreement is deleted in its entirety and replaced with the
Exhibit "C" attached hereto.
4. Exhibit "D" to the Subdivision Agreement is deleted in its entirety and replaced with the
Exhibit "D" attached hereto.
Section VII (B) of the Subdivision Agreement is deleted in its entirety and replace with the
following:
Outlots A and C shall be used for Access and will be owned and maintained by the
Association. Outlot B shall be used for open spaces and/or private amenity features
and will be owned and maintained by the Association.
In all other respects the Subdivision Agreement shall not be affected hereby, and it is
hereby ratified and confirmed.
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IN WITNESS WHEREOF, the executing parties, by their respective duly authorized
agents, have entered into this Amendment to the Subdivision Agreement effective on the date and
year first written.
ATTEST:
i �! /'���'
&&: 3 J,
City Clerk Date
CCO ESTATES HOME OWNERS
ASSOCIATION
J. Keith Basham, President Date
CCO ESTATES, LLC
I. & cq
J. Keith Basham, Member Date
2
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CITY OF OMAHA
Mayor
APPROVED AS TO FORM
Date
City Attorney Date
STATE OF NEBRASKA )
) ss.:
COUNTY OF DOUGLAS )
ff
On this � (� ay of c,<-I 2019, before me, a Notary Public in and for the
County and State, personally appey red J. Keith Basham, Member of CCO Estates, LLC, who
executed the above on behalf of the company and acknowledge the execution thereof to be his
voluntary act and deed.
GENERAL NOTARY - State of Nebraska
CRYSTAL GENESKI
My Comm. Exp. Sept. 3, 2020 NOTARPUBLIC
STATE OF NEBRASKA )
) ss.:
COUNTY OF DOUGLAS )
On this 4 � day of� , 2019, before me, a Notary Public in and for the
County and State, personally aprdaired J. Keith Basham, President of CCO Estates Home Owners
Association, who executed the above on behalf of the company and acknowledge the execution
thereof to be his voluntary act and deed.
n
GE4noNERAL NOTARY - State of Nebraska NOTA PUBLIC
l� CRYSTAL GENESKI
My Comm. Exp. Sept. 3, 2020
2145067 v]