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RES 12-51CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2012-51 RESOLUTION APPROVING DEVELOPERS AGREEMENT BETWEEN THE CITY OF OTSEGO AND SHELARD CAPITAL INVESTMENTS, INC. RELATIVE TO THE PLAT OF KITTREDGE CROSSINGS 10" ADDITION WHEREAS, the City of Otsego (CITY) has approved the Plat of KITTREDGE CROSSINGS 10' ADDITION; and WHEREAS, the property within the Plat will be owned by Shelard Capital Investments, Inc. (DEVELOPER) who intends to develop the parcel; and WHEREAS, a Developers Agreement has been drafted setting forth the terms and conditions for development of the property, and requiring that the Developer provide certain escrow, payment of fees, and security to insure that all public improvements are constructed as required by CITY; and WHEREAS, DEVELOPER has agreed to the terms and conditions of the Developers Agreement, has executed the Agreement, and has provided the required fee payments, escrow, and Security. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: The CITY hereby approves the Developers Agreement as attached and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the CITY. 2. That DEVELOPER shall not proceed with any construction activities upon the property and CITY will not execute the Plat or release the Plat for recording until full execution of this Agreement and City receipt of all required escrow, fees and security, CITY receipt of a recorded copy of a deed conveying platted property to DEVELOPER, and DEVELOPER provides a deed to CITY for Outlot A. ADOPTED this 13th day of August, 2012. MOTION to approve the Resolution made by Council Member SCHARBER And seconded by Council Member SCHROEDER IN FAVOR: MAYOR STOCKAMP; COUNCILMEMBERS: SCHARBER, SCHROEDER, HEIDNER AND DARKENWALD OPPOSED: NONE 2 CITY OF OTSEGO -�Jessica Stockamp, Ma-', dcN'4-n�� 4L�-Q - Tami Loff, City Clerk