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09-26CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2009-26 RESOLUTION AUTHORIZING PURCHASE OF CERTAIN REAL PROPERTY FOR PARK PURPOSES WHEREAS, the City of Otsego (City)has made an offer to purchase certain property from U.S. Homes DBA Lennar (Lennar), based upon Lennar approaching the City with a proposal to sell the property; and WHEREAS, the property is legally described as OUTLOT B, RIVER PLACE THIRD ADDITION, CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA; and WHEREAS, the City Park and Recreation Commission reviewed the site for park purposes, and the City Council has determined that it is an appropriate site for a park and in conformance with adopted City Park Plans as well as the City Comprehensive Plan; and WHEREAS, acquisition of the property at this time would allow the City to proceed immediately to construct a park in this area of the City; and WHEREAS, the terms and conditions of the sale are reasonable and allow the City to utilize credits towards future park and trail dedication for lots preliminarily platted by Lennar instead of cash for a portion of the purchase price; and WHEREAS, the City specifically affirms the property acquisition to be in conformance with the City Comprehensive Plan and waives any requirement that the purchase be reviewed by the City Planning Commission; and WHEREAS, the City Council has determined that the property is needed for park purposes and that the City has sufficient Park and Trail funds available to purchase and develop the Outlot as a park. NOW, THEREFORE be it resolved by the City Council of the City o Otsego, Minnesota as follows: 1. The City Council approves the purchase of the property described above for the purchase price of $350,000.00. 2. Payment to Lennar shall be structured as follows; $260,680.00 to be paid in cash prior to or at the date of closing and $89,320.00 in the form of credits against Park and Trail fees to be paid in the present and future. 3. The City Council approves the form of the Purchase Agreement attached hereto as Exhibit A, subject to modifications as approved by the City Attorney. 4. The City Council hereby authorizes and directs the Mayor and City Clerk to execute the Purchase Agreement in final form. 5. The City Council hereby authorizes the Mayor, City Clerk and any other officer of the City to execute any and all documents necessary to effectuate the purchase. ADOPTED this 10th day of August, 2009 by the Otsego City Council. IN FAVOR: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Mark Thorsted and Tom Darkenwald. OPPOSED: None. 2 CITY OF OTSEGO Nu =(mv 8717 1 6 amtrf�NAh::2 Tami I LiY, City Clerk