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RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF DULUTH ECONOMIC DEVELOPMENT AUTHORITY V. JOHN E. HOVLAND, ET. AL. AND ACCEPTING AT NO COST TO THE CITY FEE CONVEYANCE OF LAND FROM THOMAS J. BERGUM AND LADONNA E. BERGUM.
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CITY PROPOSAL:
RESOLVED, that the city council approves settlement of all claims or causes of actions in the matter venued in the District Court of Minnesota, Sixth Judicial District and identified as Duluth Economic Development Authority v John E. Hovland, et.al., File No. 69DU-CV-14-2789, pursuant to the terms and conditions of the mediated settlement agreement in the form of that attached hereto as Exhibit A.
FURTHER RESOLVED, that the city of Duluth herby accepts the conveyance of the property described below in trust for the general public for park purposes, and pursuant to the deed from Thomas J. Bergum and LaDonna E. Bergum, substantially in the form of that attached hereto as Exhibit B and at no cost to the city:
The south 150.00 feet of the Northwest One-quarter of the Northwest One-quarter (NW 1/4 of NW 1/4) of Section Nine (9), Township Fifty (50) North, Range Fourteen (14) West of the Fourth Principal Meridian, City of Duluth, St. Louis County, Minnesota.
FURTHER RESOLVED, that the proper city officials shall take all actions necessary to conclude this matter on a full, final, and complete basis.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes city officials to implement the mediated settlement agreement in Duluth Economic Development Authority v. John E. Hovland, et.al., Court File No. 69DU-CV-14-2789. City approval is needed because the settlement agreement provides for Defendants Thomas and LaDonna Bergum to convey to the city a portion of a larger 40 acre parcel, and for the city to agree to maintain the conveyed parcel in trust to the general public as public park land. The case arises out of an earlier land sale agreement between DEDA and John E. Hovland, and the failure of John E. Hovland to fulfill the obligations of that land sale agreement. DEDA previously approved the settlement at its August 26, 2015 meeting. The city attorney recommends this settlement.