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RES 11-37CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2011-37 RESOLUTION APPROVING EXTENSION AGREEMENT BETWEEN THE CITY OF OTSEGO AND APPELLO GROUP LLC RELATIVE TO THE PLAT OF GREAT RIVER CENTRE WHEREAS, the City of Otsego (CITY) and Appello Group LLC (APPELLO) have entered into a Developers Agreement and addendums thereto regarding the Plat of GREAT RIVER CENTRE and additions thereto; and WHEREAS, the Developer's Agreement required that all public improvements undertaken by APPELLO were to be completed prior to this date; and WHEREAS, APPELLO has completed most of the required improvements, but as certain improvements remain uncompleted as set forth in the attached Agreement; and WHEREAS, APPELLO has also failed to timely pay assessments for County Road 42 improvements as required by the Developers Agreement and addendums thereto: and WHEREAS, the CITY previously extended the period for completing the unfinished improvements to July 15, 2011; and WHEREAS, APPELLO has requested an additional extension of the Agreement upon the terms and conditions as set forth in the Agreement; and WHEREAS, after consideration of the request, and in light of current market conditions, the CITY has decided to grant the extension upon the terms and conditions as set forth in the Agreement. NOW THEREFORE BE IT RESOLVED this 25' day of July, 2011 by the Otsego City Council as follows: 1. The CITY approves the Agreement between the parties as attached. 2. The CITY authorizes the Mayor or Acting Mayor and City Clerk to execute the Agreement on behalf of the CITY. IN FAVOR: SCHARBER, DARKENWALD, HEIDNER AND SCHROEDER OPPOSED: NONE CIT OF OTSEGO 01, LL - 1 Vern Heidner, Acting Mayor d a at--� - daL - Tami Loff, City Clerk 2