RESOLUTION NO. 67-99

Recitals. City Council gave approval of a preliminary plan on April 21, 1999. The approving motion sets forth certain conditions. Due to the lateness of the hour, having reviewed its motion, and based on new information concerning proposed improvements on Lanai, City Council finds that the following accurately states the conditions of that approval, and incorporates the changes needed based on the new information presented at the June 2, 1999 City Council meeting.

Conditions of approval imposed by the City Council, in addition to those reflected in the staff reports and information shall read:

1. Developer shall use the existing construction road previously used for the construction of infrastructure improvements in Filing 7 of Paradise Hills (except that the western terminus of the temporary construction road will be the City constructed portion of Summer Hill Way), so that all vehicular access needed to construct the infrastructure and related facilities (such as streets, water, sewer) in all phases of the Summer Hill development may obtain access only from 26 1/2 Road, rather than from Lanai from the western boundary of the Property, and connecting with the City constructed Summer Hill Way.

2. Developer shall require that all contractors, employees and agents of contractors associated with the construction of any improvements listed or described in the Development Improvements Agreement only use Summer Hill Way, and not Lanai or Catalina, for access to any filing in Summer Hill Subdivision.

3. At closing, Developer shall inform in writing all purchasers of lots within any portion of Summer Hill of the City's and Developer's desire to also restrict other construction traffic (including that associated with building any structure on any lot) to Summer Hill Way and the temporary construction road only, and not Lanai or Catalina.

4. At the April 21 hearing, the condition imposed was that Developer shall maintain the existing vehicular barrier at the northernmost terminus of Lanai until certain improvements have been made. Because City Public Works staff has met, and continues to meet, with the residents in the area of Lanai, it is not presently known what sidewalks and other improvements will be recommended, by the residents and City staff. In order to accommodate that process, at its meeting on September 1, 1999, the City Council will decide this condition, based on then current information.

PASSED AND ADOPTED on this 2nd day of June, 1999.

             /s/ Gene Kinsey      

             Gene Kinsey, Mayor

ATTEST: /s/ Christine English      

Christine English

Acting City Clerk