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200508269 <br />color. The design and construction shall be in conformity with sound architectural and <br />engineering standards. No portion of any building constructed (including architectural <br />features) shall exceed a height of thirty five (35.0) feet above the center of the intersection of <br />Capital Avenue and Hancock Avenue. <br />4. Paragraph No. 9 on Page 4 of the Via Milano Subdivision Agreement shall be <br />amended to read as follows: <br />9. Outlot A. Uses on Outlot A shall be limited to drainage, utilities, landscaping and <br />paved driving surfaces, pedestrian walkways and patios as identified in the Development <br />Plan. Patios shall be screened with a six (6) foot high privacy fence if they reduce the <br />landscaped area of Outlot A to less than thirty (30) feet from an adjoining property line on <br />the exterior of this subdivisions. Roof eaves may extend no more than two (2.0) feet into <br />Outlot A, or into any easement on Outlot A. <br />All remaining terms and conditions of the Via Milano Subdivision Agreement shall <br />remain in full force and effect. <br />DATED: , 2005. <br />T.C. ENCK BUILDERS INC., <br />A Nebraska corporation, Owijer <br />Y <br />Todd C. Enck, President <br />STATE OF NEBRASKA ) <br />) ss <br />COUNTY OF HALL ) <br />On kC4 i 4 ! , 2005, before me, the undersigned, a Notary Public in and for said County <br />and State, personally appeared Todd C. Enck, President of T.C. Enck Builders Inc., a Nebraska corporation, known <br />personally to me to be the identical person and such officer who signed the foregoing Amendment to Subdivision <br />Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on <br />behalf of the corporation. <br />WITNESS my hand and notarial seal the date above written. <br />GENERAL NOTARY - State of Nebraska <br />CLAUDIA GAYE F RI ISS my Comm. Ev. Notary P 'lie <br />- ' <br />_2_ <br />