Title
RESOLUTION AUTHORIZING AMENDMENT NUMBER 1 TO THE LOCAL COOPERATION AGREEMENT WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF ARMY AND THE DULUTH SEAWAY PORT AUTHORITY RELATING TO THE ERIE PIER CONTAINED DISPOSAL FACILITY, TOGETHER WITH A TERMINATION OF RIGHT-OF-ENTRY AGREEMENTS.
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CITY PROPOSAL:
WHEREAS, the city conveyed certain real property located in the Oneota neighborhood (the "Erie Pier Property") to the Duluth Seaway Port Authority ("DSPA") in 2022. The Erie Pier Property, together with property already owned by DPSA, makes up a site more commonly known as the "Erie Pier Contained Disposal Facility." The Erie Prier Property was conveyed to facilitate DSPA's long-term operation of the Erie Pier Contained Disposal Facility;
WHEREAS, as part of the transaction, the city and DSPA executed an assignment and assumption of rights and obligations regarding certain agreements affecting the Erie Pier Property (the "Assignment and Assumption"); said agreements were tri-party agreements between the city, DSPA and the United States of America, Department of Army ("USACE") from the 1970s when the Erie Pier Contained Disposal Facility was created (the "Original Agreements");
WHEREAS, after closing on the transaction, USACE determined that they would not recognize the Assignment and Assumption between the city and DSPA and required the city participate in amending and/or terminating the Original Agreements;
WHEREAS, the city has been negotiating with USACE and DSPA for three years and the parties have finalized documents to relieve the city of its obligations under the Original Agreements.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into the Amendment Number 1 to the Local Cooperation Agreement, substantially in the form attached as Exhibit 1, with the United States of America, Department of Army and the Duluth Seaway Port Authority (the "Amendment").
FURTHER RESOL...
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