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ITEM 3.7 Riverwood NationalOtsTeFo MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal City Engineer MacArthur April 28, 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Attorney City Administrator Johnson 3.7 Ar.F=MnA ITEM nFTAII S RECOMMENDATION: Council approval of attached Resolution Releasing Certain Properties from Developers Agreements- Riverwood National and Grenins Mississippi Hills. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? I No. No. BACKGROUND/JUSTIFICATION: The City was recently contacted by the purchasers of Riverwood National and Vintage Golf Course asking that they be released from the various recorded Developers Agreements between the City and Bulow, Inc. related to both of those facilities. The work required under those agreements has long since been completed. The conditions of approval remain on the property. City staff has determined that release of the Developers Agreements would not affect the City and would clear up title concerns for the Purchaser. Normally Developers Agreements are released upon request of the Developer when all work has been completed. The lots and outlots being released constitute the two golf courses and two club houses. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE • Resolution No. 2014-24 MOTION: (Please word motion as you would like it to appear in the minutes. Motion to Approve Resolution No. 2014-24; Resolution Releasing Certain Property From Recorded Developers Agreements- Riverwood National and Grenins Mississippi Hills. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-24 RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED DEVELOPERS AGREEMENTS- RIVERWOOD NATIONAL AND GRENINS MISSISSIPPI HILLS WHEREAS, Riverwood National GC, LLC has purchased certain lots and outlots within RIVERWOOD NATIONAL and RIVERWOOD NATIONAL SECOND ADDITION which contain the golf course and club house facilities; and WHEREAS, Riverwood National GC, LLC has also purchased certain lots and outlots within GRENINS MISSISSIPPI HILLS and VINTAGE GOLF COURSE which contains the golf course and club house facilities; and WHEREAS, Riverwood National GC, LLC has requested that the lots purchased be released from those certain recorded Developers Agreements which affect the properties; and WHEREAS, the City Engineer has determined that no more work on those sites is needed; and WHEREAS, the conditions of approval still remain in effect related to the allowed use of the property and other issues; and WHEREAS, release of the properties from the Developers Agreement is appropriate. NOW, THEREFORE it is hereby resolved by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. Lot 1, Block 13 and Outlots A and C, RIVERWOOD NATIONAL and Outlots A and H RIVERWOOD NATIONAL SECOND ADDITION are hereby released from any obligations imposed by that RIVERWOOD NATIONAL DEVELOPERS AGREEMENT between the City of Otsego and Bulow, Inc. dated March 25, 2004 recorded on April 5, 2004 at the Wright County Recorders Office as Document No. A903455; RIVERWOOD NATIONAL- SECOND ADDENDUM between the City of Otsego and Bulow, Inc.dated April 25, 2005 and recorded at the Wright County Recorders Office on November 1, 2005 as Document No. A984492; and RIVERWOOD NATIONAL SECOND ADDENDUM TO DEVELOPMENT AGREEMENT DATED JANUARY 23, 2006, dated January 23, 2006 and recorded at the Wright County Recorders Office on January 30, 2006 as Document No. 996445. 2. Lot 1, Block 1, VINTAGE GOLF COURSE and Outlot A, GRENINS MISSISSIPPI HILLS, except that portion platted as GRENINS MISSISSIPPI HILLS SECOND ADDITION are hereby released from any obligations imposed by DEVELOPMENT AGREEMENT- GRENINS MISSISSIPPI HILLS between the City of Otsego and Bulow, Inc. dated September 13, 1999 and recorded on September 15, 1999 at the Wright County Recorders Office as Document No. 689898; and DEVELOPMENT AGREEMENT- ADDENDUM NO. 1 between the City of Otsego and Bulow, Inc. dated November 10, 1999 and recorded on January 4, 2000 at the Wright County Recorders Office as Document No. 698943. 3. All other City permits and conditions of approval affecting these properties remain in full force and effect. APPROVED this 28th day of April, 2014 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 2