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ITEM 3.5 Great River Centre of Otsego 5th Addition40 Ty O OtSezF o MINNESOTA C-7 DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Legal City Attorney MacArthur June 24, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.5 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: That the Council approve the attached Release of Developer's Agreements - Lot 1, Block 1, Great River Centre of Otsego Fifth Addition. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City Council recently approved a Plat and Developer's Agreement for Edina Otsego LLC (Edina Realty) on Lot 1, Block 1, Great River Centre of Otsego Fifth Addition. Prior to closing on the property, title objections were made regarding certain Developer's Agreements affecting the property with previous Owners and Developers. These Agreements date back over ten years ago and relate to the original development of Great River Centre of Otsego and subsequent Agreements between the original owners and 21't Century Bank, who later acquired the property. The various Agreements relate to efforts to keep the property from going tax forfeit and final completion of some infrastructure items. Edina Otsego, LLC has requested that the City release the property from the terms and conditions of these Agreements. I have reviewed the Developers Agreements and have checked with City staff regarding outstanding assessments or financial obligations. All of the obligations in the two listed Agreements have been satisfied. Therefore, City staff recommends that the City release the property from these Agreements as requested. SUPPORTING DOCUMENTS ATTACHED: 0 Release of Developers Agreements RELEASE OF DEVELOPER'S AGREEMENTS - LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO FIFTH ADDITION Let it be known, that the undersigned, does hereby certify that certain Developer's Agreements for GREAT RIVER CENTRE OF OTSEGO as follows: DEVELOPMENT AGREEMENT - GREAT RIVER CENTRE OF OTSEGO, between City of Otsego and Appello Group, LLC dated May 16, 2006 and filed at the Wright County Recorder's Office on June 15, 2006 as Document No. A1014006; and GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION - FIRST ADDENDUM TO DEVELOPER'S AGREEMENT, dated October 29, 2007 and filed at the Wright County Recorder's Office on January 9, 2009 as Document No. A1106268; and GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION SECOND ADDENDUM TO DEVELOPER'S AGREEMENT BETWEEN CITY OF OTSEGO AND APPELLO GROUP, LLC AND CP OTSEGO PARTNERS LLC REGARDING THE PLAT OF GREAT RIVER CENTRE OF OTSEGO SECOND ADDITION, dated September 22, 2008 and filed at the Wright County Recorder's Office on January 9, 2009 as Document No. A1106287; and AGREEMENT BETWEEN THE CITY OF OTSEGO, APPELLO GROUP, LLC AND 211T CENTURY BANK RELATIVE TO PROPERTY LOCATED IN GREAT RIVER CENTRE, OTSEGO, MINNESOTA, dated March 29, 2013, and filed at the Wright County Recorder's Office on April 19, 2013 as Document No. A1234757, which affect, involve and bring in question the real estate, situated in the City of Otsego, County of Wright and State of Minnesota, described as follows, to -wit: LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO FIFTH ADDITION, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Wright County, Minnesota, are hereby released as to the above described real property as all conditions of said Developer's Agreements pertaining to the described lot have been satisfied. CITY OF OTSEGO Jessica Stockamp Mayor ATTEST Tami Loff City Cleric STATE OF MINNESOTA) ) ss. COUNTY OF ARIGHT ) The foregoing instrument was acknowledged before me this day of June, 2019, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City of Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: MacArthur Law Office Suite 103 3601 Thurston Avenue N. Anoka, MN 55303 (763) 231-5850 2