ITEM 1 Bury Industrial Park4
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DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Legal
City Attorney
November 4, 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
1.1
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
agreement.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
No
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.
property. Title Objections were made regarding the Developer's Agreement affecting the property. The
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends that the City Council approve the attached resolution releasing a development
agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
The City Council previously approved a Plat and Developer's Agreement for Bury Industrial Park in 2018.
Michels, operating as Otsego LLC, is in the process of purchasing Outlot C and is preparing to close on the
property. Title Objections were made regarding the Developer's Agreement affecting the property. The
Developers Agreement relates to obligations of Bury Industries, LLC to the City and only included Outlot C
since the Plat was entirely owned by Mr. Bury.
Upon further development of the property Michels will have to enter into a separate Developers
Agreement on the subject property. Otsego LLC has requested that the City release the property from the
terms and conditions of the Agreement.
I have reviewed the Developers Agreement and have checked with City staff regarding outstanding
assessments or financial obligations. All of the obligations in the Agreement have been secured against the
property owned by Mr. Bury. Therefore, City staff recommends that the City release the property from the
Agreement as requested.
SUPPORTING DOCUMENTS ATTACHED:
0 Resolution 2019-66
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2019-66 releasing certain property from recorded developers' agreements for
Outlot C, Bury Industrial Park.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-66
RELEASING CERTAIN PROPERTY FROM RECORDED DEVELOPERS
AGREEMENTS- OUTLOT C, BURY INDUSTRIAL PARK
WHEREAS, OTSEGO LLC, a Wisconsin limited liability company has
purchased OUTLOT C, BURY INDUSTRIAL PARK; and
WHEREAS, the CITY OF OTSEGO entered into a certain agreement with the
previous owner BURY INDUSTRIES, LLC and BURY MANUFACTURING,
LLC as follows: DEVELOPMENT AGREEMENT BURY INDUSTRIAL PARK
June 8, 2018, filed June 8, 2018 as Document No. A137192lat the Office of the
County Recorder, Wright County, Minnesota.
WHEREAS, OTSEGO LLC has requested release of OUTLOT C from this
Agreement.
NOW, THEREFORE it is hereby resolved by the City Council of the City of
Otsego, Wright County, Minnesota as follows:
1. The CITY OF OTSEGO hereby releases OUTLOT C, BURY
INDUSTRIAL PARK from the terms and conditions of the following
Agreement: DEVELOPMENT AGREEMENT BURY INDUSTRIAL
PARK by and between BURY INDUSTRIES, LLC and BURY
MANUFACTURING LLC and the CITY OF OTSEGO dated June 8, 2018,
filed June 8, 2018 as Document No. Al371921 at the Office of the County
Recorder, Wright County, Minnesota.
2. Release of the Agreement as set forth above is contingent upon OTSEGO
LLC purchasing OUTLOT C, BURY INDUSTRIAL PARK.
APPROVED this 4th day of November, 2019 by the Otsego City Council.
Motion to approve made by Council Member and seconded by
Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
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