File #: 20-0277R    Name:
Type: Resolution Status: Withdrawn
File created: 3/13/2020 In control: Planning and Economic Development
On agenda: 3/23/2020 Final action: 3/23/2020
Title: RESOLUTION AUTHORIZING AN AMENDED AND RESTATED LAKE AVENUE PLAZA DEVELOPMENT AGREEMENT WITH MINNESOTA POWER FOR THE OPERATION AND MAINTENANCE OF THE EAST AND WEST PLAZAS IN DOWNTOWN DULUTH.
Title
RESOLUTION AUTHORIZING AN AMENDED AND RESTATED LAKE AVENUE PLAZA DEVELOPMENT AGREEMENT WITH MINNESOTA POWER FOR THE OPERATION AND MAINTENANCE OF THE EAST AND WEST PLAZAS IN DOWNTOWN DULUTH.

Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into and execute an Amended and Restated Lake Avenue Plaza Development Agreement, substantially in the form attached as Exhibit 1, with Minnesota Power, a division of Allete, Inc., for the operation and maintenance of the east and west plazas in downtown Duluth.
RESOLVED FURTHER, that the proper city officials are authorized to record with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution and the fully executed Amended and Restated Lake Avenue Plaza Development Agreement.

Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the city to enter into an Amended and Restated Lake Avenue Plaza Development Agreement with Minnesota Power, a division of Allete, Inc., for the operation and maintenance of the east and west plazas in downtown Duluth.

The City entered into the original Lake Avenue Plaza Development Agreement on May 30, 1985 (the "Development Agreement") wherein the city agreed to acquire certain real property from the State of Minnesota to construct a parking structure between Superior Street and Michigan Street, as well as plaza areas on top of the parking structure. The Development Agreement also described the specific improvements to be made to the plazas, as well as outlined the City and Minnesota's Power's respective roles and responsibilities for the ongoing maintenance, operation, replacement, and future improvements to the plazas.

In 2019, Minnesota Power and the City engaged in negotiations to, among other things, amend the Development Agreement and vacate all of the plaza agreements in order to reduce the footprint of the plaza area. The entire plaza ...

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