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RES 16-46CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-46 RESOLUTION RELEASING CERTAIN PROPERTY FROM RECORDED DEVELOPERS AGREEMENTS- LOT 1, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION WHEREAS, the CITY OF OTSEGO owns certain property within the CITY OF OTSEGO described as follows: LOT 1, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION all according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, THE CITY OF OTSEGO intends to sell LOT 1, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION to P&F PROPERTIES, INC.; and WHEREAS, the CITY OF OTSEGO entered into certain agreements with the previous owner APPELLO GROUP, LLC and 21sT CENTURY BANK as follows: DEVELOPMENT AGREEMENT GREAT RIVER CENTRE OF OTSEGO by and between APPELLO GROUP, LLC and the CITY OF OTSEGO dated May 16, 2006, filed June 15, 2006 as Document No. A1014006 and First Addendum dated October 29, 2007, filed January 9, 2009 as Document No. Al 106268 and Second Addendum dated September 22, 2008, filed January 9, 2009 as Document No. Al 106287 at the Office of the County Recorder, Wright County, Minnesota, and AGREEMENT BETWEEN THE CITY OF OTSEGO and APPELLO GROUP, LLC RELATIVE TO ASSESSMENTS dated March 9, 2010, filed April 5, 20110 as Document No. Al 144338 and AGREEMENT BETWEEN THE CITY OF OTSEGO, APPELLO GROUP, LLC AND 21 ST CENTURY BANK dated March 29, 2013, filed April 19, 2013 as Document No. A1234757 at the Office of the County Recorder, Wright County, Minnesota. WHEREAS, P&F PROPERTIES, INC. has requested release of LOT 1, BLOCK 1 from these various Agreements. NOW, THEREFORE it is hereby resolved by the City Council of the City of Otsego, Wright County, Minnesota as follows: The CITY OF OTSEGO hereby releases LOT 1, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION from the terms and conditions of the following Agreements: DEVELOPMENT AGREEMENT GREAT RIVER CENTRE OF OTSEGO by and between APPELLO GROUP, LLC and the CITY OF OTSEGO dated May 16, 2006, filed June 15, 2006 as Document No. Al 014006 and First Addendum dated October 29, 2007, filed January 9, 2009 as Document No. Al 106268 and Second Addendum dated September 22, 2008, filed January 9, 2009 as Document No. Al 106287 at the Office of the County Recorder, Wright County, Minnesota, and AGREEMENT BETWEEN THE CITY OF OTSEGO and APPELLO GROUP, LLC RELATIVE TO ASSESSMENTS dated March 9, 2010, filed April 5, 20110 as Document No. Al 144338 and AGREEMENT BETWEEN THE CITY OF OTSEGO, APPELLO GROUP, LLC AND 21 ST CENTURY BANK dated March 29, 2013, filed April 19, 2013 as Document No. A1234757 at the Office of the County Recorder, Wright County, Minnesota. 2. Release of the Agreements as set forth above is contingent upon transfer of LOT 1, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO FOURTH ADDITION from the CITY OF OTSEGO to P&F PROPERTIES, INC. APPROVED this 9th day of May, 2016 by the Otsego City Council. Motion to approve made by Council Member Darkenwaidad seconded by- Council yCouncil Member fIeidner IN FAVOR: Stockamp, Darkenwald, Heidner, Warehime OPPOSED: None CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2