Title
RESOLUTION AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH ST. MARY'S DULUTH CLINIC HEALTH SYSTEM FOR THE DESIGN AND CONSTRUCTION OF PUBLIC REALM PRIVATE INFRASTRUCTURE RETAINING WALLS AS PART OF THE DULUTH REGIONAL EXCHANGE DISTRICT TO INCREASE THE AMOUNT FROM $3,473,578.00 TO $3,576,625.46.
Body
CITY PROPOSAL:
WHEREAS, Resolution No. 23-0871 authorized the city to enter into a development
Agreement (the "Development Agreement") with St. Mary's Duluth Clinic Health System d/b/a Essentia Health ("Essentia") for the design and construction of public realm private infrastructure retaining walls located on adjacent to the rights-of-way for 4th Avenue East, 2nd Street, Superior St, and along the alley above Superior St. (the "Retaining Walls") as part of the Regional Exchange District Project, pursuant to which Essentia will cause the design and construction of the Retaining Walls and pursuant to which the city will reimburse Essentia for costs thereof in an amount not to exceed $3,473,578.00.
WHEREAS, the design and construction of the Retaining Walls was funded with State of Minnesota appropriation bond proceeds authorized under the Regional Exchange District legislation, Minnesota Laws 2019, 1st Special Session Chapter 6, Article 10, as amended by Section 1 of Laws of Minnesota 2021, 1st Special Session Chapter 9 (the "Legislation");
WHEREAS, the actual costs to design and construct the Retaining Walls is in excess of the amount allocated in the Development Agreement, but within the amount authorized by the Legislation; and
WHEREAS, the city and Essentia desire to amend the Development Agreement to increase the maximum amount so that it matches the actual costs of the Retaining Walls.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to enter into a first amendment to agreement for the design and construction of public realm private infrastructure retaining walls, substantially in the form a...
Click here for full text