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10-20CITY OF OTSEGO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-20 RESOLUTION AUTHORIZING DRAW ON LETTER OF CREDIT ISSUED BY RIVERVIEW COMMUNITY BANK (NOW CENTRAL BANK) ON BEHALF OF BRUNSWICK OTSEGO LLC REGARDING THE PLAT OF FRIENDSHIP ADDITION, CITY OF OTSEGO WHEREAS, Riverview Community Bank has issued a Letter of Credit in the current amount of $ 183,598.23 to secure obligations of Brunswick Otsego, LLC (BRUNSWICK)) relevant to the Developers Agreement and addendums between BRUNSWICK and the City of Otsego (CITY) for that development known as FRIENDSHIP ADDITION; and WHEREAS, said Letter of Credit is due to expire on August 24, 2010; and WHEREAS, certain assessments for public improvements installed by CITY pursuant to the Developer's Agreement between the CITY and BRUNSWICK have not been timely paid; and WHEREAS, CITY has determined that it is crucial that these items be paid for at this time since the CITY has bonded for said improvements and owes for debt service payments on the underlying bonds; and WHEREAS, the Developers Agreement requires that a Letter of Credit remain in place at all times to cover payment of assessments as they become due ; and WHEREAS, the obligations of BRUNSWICK are currently being undertaken by a Court appointed receiver; and WHEREAS, the City has completed all public improvements including sanitary sewer, water, storm sewer and road within the Plat substantially and has issued bonds for said public improvements; and WHEREAS, the bonds are to be repaid based upon assessments against the property as agreed upon by BRUNSWICK and which have been certified against the property by the CITY; and WHEREAS, the CITY currently has payments due on the bonds and has received no payments of the special assessments from the property; and WHEREAS, the Letter of Credit was issued by Riverview Community Bank which has since been taken over by Central Bank, which inherits the obligations of Riverview Community Bank under the Letter of Credit; and WHEREAS, the CITY needs to draw the available funds at this time in order to proceed to make payments on debt service.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. City staff are hereby directed to immediately draw the full amount of the Letter of Credit ($183,598.23) issued by Riverview Community Bank which was subsequently taken over by Central Bank. 2. The money received from the draw will be used to pay off debt service for bonds issued to fund public improvements within Friendship Addition completed by CITY and petitioned for by BRUNSWICK. ADOPTED this 12th day of July, 2010 by the Otsego City Council. I i I I _:Ii.'ilCh�:I_\min . 110101601I51 11 ' :111117►i�'Iia.\:I:S: 17_\:a►1� 1_��17 OPPOSED: NONE 0 CITY OF OTSEGO Tami Loff, C Clerk