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10-13CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2010-13 RESOLUTION DECLARING DEFAULT IN TERMS AND CONDITIONS OF ESCROW AGREEMENT FOR REQUIRED IMPROVEMENT OF ROADS AND PUBLIC IMPROVEMENTS WITHIN GREAT RIVER CENTRE WHEREAS, the original Developer's Agreement between the City of Otsego (CITY) and Appello Group, LLC (APPELLO) required APPELLO to undertake and complete certain public improvements within the Plat of GREAT RIVER CENTRE, including construction of Plat streets and other public improvements to the satisfaction of the City Engineer; and WHEREAS, certain roads within the Plat were constructed, but no final lift of bituminous was ever laid to this date, and certain other required public improvements have not been constructed in the time frame required by the Developer's Agreement; and WHEREAS, the above mentioned deficiencies in completing public improvements, as well as others, have been brought to the attention of APPELLO over the course of the last four years; and WHEREAS, in order to facilitate closing and development of a portion of the Plat, CITY entered into an Agreement between the CITY, APPELLO and 21St Century Bank (BANK) in which $125,000.00 would be held in escrow from a closing on development property within the Plat for purposes of insuring that the final lift of bituminous and other required work would be completed by June 1, 2010; and WHEREAS, APPELLO has not completed the required improvements by June 1 as required by the Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. The CITY hereby declares that APPELLO has breached the conditions of that Agreement between the CITY, APPELLO and BANK regarding construction of certain improvements by APPELLO on or before June 1, 2010. 2. Pursuant to the terms and conditions of that Agreement, CITY hereby draws upon the money held in escrow by BANK for the purposes of undertaking the needed public improvements as soon as possible. 3. CITY staff are hereby directed to deliver this resolution and any other required documents to the BANK and draw upon the money being held in escrow. 4. The Mayor and City Clerk are hereby authorized to execute on behalf of the CITY any additional documents required to make the draw. IN FAVOR: MAYOR STOCKAMP; CM SCHARBER, CM DARKENWALD AND CM HEIDNER OPPOSED: NONE CITY OF OTSEGO ojwua CK JIF ca Stockamp, Mayor Tami Loff, City Clerk 2