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RES 16-63CITY OF OTSEGO . COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-63 RESOLUTION APPROVING REVISED DEVELOPERS AGREEMENT - BOULDER CREEK 2" ADDITION WHEREAS, Mattamy (Minneapolis) Partnership has an approved Plat known as BOULDER CREEK 2' ADDITION; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached revised Developers Agreement which replaces the Agreement approved by the Council on April 25, 2016; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached revised Developers Agreement between the City of Otsego and Mattamy (Minneapolis) Partnership is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED this 25th day of July, 2016 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member Schroeder and seconded by Council Member warehime IN FAVOR: Stockamp, Schroeder, Warehime, Darkenwald OPPOSED: None CITY OF OTSEGO Jessie Stockamp, Mayor Tami Loff, City Clerk 2