RESOLUTION NO. 10553-100405

BY ________________________________

RESOLUTION APPROVING THE

DEVELOPMENT AGREEMENT FOR THE

MALLARD CREEK

(5th Aldermanic District)

WHEREAS on July 26, 2005 the Oak Creek Plan Commission conditionally approved the preliminary plat for the Mallard Creek subdivision; and,

WHEREAS one of the conditions of that approval was that a development agreement be entered into between the property owner and the City; and,

WHEREAS Chapter 14 of the Municipal Code also requires that a development agreement be entered into prior to the required public improvements being installed; and,

WHEREAS  upon completion of the required improvements and the issuance of a certification to that effect by the City Engineer, a subsequent resolution will be presented to approve the final plat for the subdivision.

THEREFORE, BE IT RESOLVED that the Development Agreement attached hereto and incorporated herein by reference, by COUNTRY CREEK HOMES as party of the first part, and the CITY OF OAK CREEK as party of the second part, be and the same is hereby approved.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 4^th Day of October, 2005.

                                                            _________________________

                                                            President, Common Council

Approved this ____ day _________________, 2005

                                                            __________________________

                                                            Mayor

ATTEST:

_________________________          VOTE: Ayes:____  Noes: ____

City Clerk