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RES 2026-12 Authorizing Release and Discharge of Development Contracts and Public Improvement and Special Assessment Agreement for Outlot A, Great River Centre of Otsego 7th AddnCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2026-12 AUTHORIZING RELEASE AND DISCHARGE OF DEVELOMENT CONTRACTS AND PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT FOR OUTLOT A, GREAT RIVER CENTRE OF OTSEGO SEVENTH ADDITION WHEREAS, the City has been asked to release and discharge real property in Wright County, Minnesota, legally described as set forth on attached Exhibit A; and WHEREAS, the property is subject to a development agreement between the City and Appello Group, LLC dated May 16, 2006, and recorded June 16, 2006, as Wright County Recorder Document Number A1014006; and WHEREAS, the property is subject to a development agreement between the City and CN Otsego Properties LLC, dated October 28, 2022, and recorded November 18, 2022, as Wright County Recorder Document Number A1521342; and WHEREAS, the property is subject to a Public Improvement and Special Assessment Agreement between the City and CI\ Otsego Properties LLC, dated October 28, 2022, and recorded as Wright County Recorder Document Number A1521338; and WHEREAS, all requirements of the aforementioned Development Contracts and Public Improvement and Special Assessment Agreement have been met as to the Property and there is no longer a need to have the Development Contract or Public Improvement and Special Assessment Agreement recorded against the Property; and WHEREAS, the City Attorney has drafted Release of Development Contract for the Property from Document No. A1014006 attached as Exhibit B; and WHEREAS, the City Attorney has drafted Release of Development Contract for the Property from Document No. A1521342 attached as Exhibit C; and WHEREAS, the City Attorney has drafted Release of Public Improvement and Special Assessment Agreement for the Property from Document No. A1521338 attached as Exhibit D. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: The Property described in Exhibit A is released and discharged from the Development Contract recorded as Wright County Recorder Document Number A1014006. The Property described in Exhibit A is released and discharged from the Development Contract recorded as Wright County Recorder Document Number A1521342. 3. The Property described in Exhibit A is released and discharged from the Public Improvement and Special Assessment Agreement recorded as Wright County Recorder Document Number A1521338. 4. The City Administrator is authorized by Resolution 2019-80 to execute the releases of the Development Contracts recorded as Wright County Recorder Document Number A1014006 and A1521342 on behalf of the City of Otsego. 5. The Mayor and City Clerl<are hereby authorized to execute release of the Public Improvement and Special Assessment Agreement recorded as Wright County Recorder Document Number A1521338on behalf of the City of Otsego. (remainder of page blank signatures follow) ADOPTED by the Otsego City Council this 23rd day of February, 2026. MOTION BY: Dunlap SECONDED BY: Goede INFAVOR: Stockamp, Dunlap, Goede, Lundy and Tanner OPPOSED: none CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzef"City Clerk ,� QA�OIU1TEp,�a ,� r � I • Nmlm EXHIBIT A LEGAL DESCRIPTION Outlot A, Great River Centre of Otsego Seventh Addition, Wright County, Minnesota, according to the recorded plat thereof. X40 12 k 97 (reserved for recording information) RELEASE OF DEVELOPMENT CONTRACT RELEASE granted , 2026, by the CITY OF OTSEGO, a Minnesota municipal corporation ("City") WHEREAS, the City has been asked to release and discharge real property in Wright County, Minnesota, legally described as set forth on attached Exhibit "A", according to the recorded plat thereof ("Subject Property") from the Development Agreement between the City and Apello Group, LLC, a Minnesota limited liability company ("Developer") dated May 16, 2006, and recorded June 15, 2006, as Document No. A1014006, as amended, in the Office of the County Recorder, Wright County, Minnesota ("Development Contract"); WHEREAS, all requirements of the Development Contract have been met as to the Property and there is no longer a need to have the Development Contract recorded against the Property; and WHEREAS, the City Council of Otsego adopted Resolution 2019-80 authorizing the City Administrator to execute an administrative release in this matter without further action of the City Council; NOW, THEREFORE, by the City of Otsego, Minnesota: The Subject Property described in Exhibit A is released and discharged from the Development Contract. 1 238426v1 DATED this day of , 2026. CITY OF OTSEGO Adam Flaherty, City Administrator (SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2026, by Adam Flaherty, City Administrator of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSIUsmt 238426v1 EXHIBIT "A" LEGAL DESCRIPTION Outlot A, Great River Centre of Otsego Seventh Addition, Wright County, Minnesota, according to the recorded plat thereof. 238426v1 EXHIBIT C (reserved for recording information) RELEASE OF DEVELOPMENT CONTRACT RELEASE granted , 2026, by the CITY OF OTSEGO, a Minnesota municipal corporation ("City"). WHEREAS, the City has been asked to release and discharge real property in Wright County, Minnesota, legally described as set forth on attached Exhibit "A", according to the recorded plat thereof ("Subject Property") from the Development Contract between the City and CN Otsego Properties LLC, a Minnesota limited liability company ("Developer") dated October 28, 2022, and recorded November 18, 2022, as Document No. A1521342 in the Office of the County Recorder, Wright County, Minnesota ("Development Contract"); WHEREAS, all requirements of the Development Contract have been met as to the Property and there is no longer a need to have the Development Contract recorded against the Property; and WHEREAS, the City Council of Otsego adopted Resolution 2019-80 authorizing the City Administrator to execute an administrative release in this matter without further action of the City Council; NOW, THEREFORE, by the City of Otsego, Minnesota: The Subject Property described in Exhibit A is released and discharged from the Development Contract. 238427v1 DATED this day of , 2026. CITY OF OTSEGO Adam Flaherty, City Administrator (SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2026, by Adam Flaherty, City Administrator of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt 2 238427vl EXHIBIT "A" LEGAL DESCRIPTION Outlot A, Great River Centre of Otsego Seventh Addition, Wright County, Minnesota, according to the recorded plat thereof. 238427v1 I (reserved for recording information) PARTIAL RELEASE OF SPECIAL ASSESSMENT AGREEMENT RECITALS: A. CN Otsego Properties, LLC, a Minnesota limited liability company ("Owner") is the fee owner of the property legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); B. The City of Otsego, a Minnesota municipal corporation (hereinafter referred to as "City"), and Owner entered into a Public Improvement and Special Assessment Agreement dated October 28, 2022, and recorded as Wright County Recorder Document Number A1521338 ("Agreement") for the Property. B. All assessments levied under the Special Assessment Agreement for the Property have now been paid in full. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City hereby confirms the satisfaction and payment in full of the assessments on the Property. 2. The Property is hereby released from the Special Assessment Agreement. 2384280 CITY OF OTSEGO Jessica Stockamp, Mayor (SEAL) Audra Etzel, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2026, by Jessica Stockamp and Audra Etzel, respectively the Mayor and City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 DSK/smt 2384280 EXHIBIT "A" TO PARTIAL RELEASE OF SPECIAL ASSESSMENT AGREEMENT Legal Description Outlot A, Great River Centre of Otsego Seventh Addition, Wright County, Minnesota according to the recorded plat thereof. 2384280 3