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RES 16-58CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-58 RESOLUTION APPROVING WAIVER OF LETTER OF CREDIT REQUIREMENTS FOR CERTAIN PROPERTY IN OTSEGO WATERFRONT EAST THIRD ADDITION WHEREAS, the City of Otsego entered into a mediated agreement with GCI Capital in 2011 requiring a Letter of Credit to insure payment of special assessments within Otsego Waterfront East; and WHEREAS, upon sale of lots within Otsego Waterfront East the Agreement requires the City to release a proportionate share of the GCI Capital Letter of Credit which is to be replaced by a separate Letter of Credit from the new property owner to remain in place until a Certificate of Occupancy has been issued for a structure on the lot; and WHEREAS, Guardian Angels Senior Services and/or its wholly owned affiliate 521 Land Company, LLC intends to purchase Outlot A, Otsego Waterfront East Third Addition (PID 118264000010) and Lot 1, Block l,Otsego Waterfront East Third Addition (PID 118264001010); and WHEREAS, Guardian Angels Senior Services and 521 Land Company, LLC have made a written request to the City to waive the requirement of a separate Letter of Credit to insure payment of assessments from the date of property transfer to the issuance of a Certificate of Occupancy. NOW THEREFORE, the City Council of the City of Otsego resolves as follows: 1. Guardian Angels Senior Services and 521 Land Company, LLC are hereby granted a waiver of the Letter of Credit requirement for both Lot 1, Block 1, Otsego Waterfront East Third Addition and Outlot A, Otsego Waterfront East Third Addition. The waiver is specifically limited to the entities and properties listed above. 2. The waiver shall be in force and effect from the date of this Resolution and shall remain in place so long as all scheduled payments of property taxes and assessments are paid on time. In the event that said payments are not timely made, the waiver automatically terminates and a Letter of Credit must be posted with the City in the applicable amount required as of that date. 3. The waiver is not assignable without City approval. 4. If there is a default in scheduled payment of property taxes and special assessments for the property, the City shall not be obligated to make incentive payments pursuant to the agreement with GCI Capital, Inc. recorded with Wright County as Document 1178736. ADOPTED this 13th day of June, 2016 by the Otsego City Council. Council Member Warehime motioned to adopt the resolution and the motion was seconded by Council Member Schroeder. IN FAVOR: Stockamp, Warehime, Heidner, Schroeder, Darkenwald OPPOSED: None CITY OF OTSEGO [II Im, /•WN. • JUN\Z-VV\- . j4 ' Tami Loff, City Clerk 2