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00-035CITY OF SHOREWOOD RESOLUTION NO.00-035 A RESOLUTION AMENDING DEVELOPMENT AGREEMENT FOR SHOREWOOD PONDS P.U.D. WHEREAS, the City required the developer of Shorewood Ponds to enter into a Development Agreement entitled City of Shorewood Planned Unit Development Agreement for Shorewood Ponds P.U.D., made as of the 28th day of October, 1999 by and between the City of Shorewood and Sylvia Development, LP, as the Developer; and WHEREAS, the Development Agreement contains a condition in paragraph 17 stating that until such time as a trail is constructed on the east and north sides of the development, units adjacent to the trail shall not be occupied; and WHEREAS, the Developer was unable to construct the trail in 1999 and some of the units adjacent to the trail will be completed before the trail; and WHEREAS, the City will construct a water main in the vicinity of the proposed trail this year; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: l . That paragraph 17 of the Developer's Agreement referred to above is hereby • amended to read: "Occupancy Permits — The City shall not issue a certificate of occupancy until the first lift of bituminous surfacing has been installed on the road serving the units for which a certificate of occupancy is requested. Certificates of occupancy for buildings adjacent to the trail shall not be issued until the trail is completed or until the Developer has staked the location of the trail and provides written statements from buyers that they are aware that a trail will be constructed and where it will be located. " 2. That the Mayor and City Clerk are hereby authorized to execute such amendment to the Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF OREWOOD this loth day of April, 2000. ATTEST: LOVE,WOODY MAYOR IV BRADLEY J. 17L, A TING CITY ADMINISTRATOR