Title
RESOLUTION APPROVING THE DESIGN AND PROPOSED IMPROVEMENTS FOR LAKE AVENUE PLAZA WEST LOCATED AT THE INTERSECTION OF LAKE AVENUE SOUTH AND SUPERIOR STREET.
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CITY PROPOSAL:
WHEREAS, on May 30, 1985, the city of Duluth, Minnesota Power, a division of Allete, formerly known as Minnesota Power & Light Company, a Minnesota corporation ("MP"), and the Lake Superior Plaza Company entered into the Lake Avenue Plaza Development Agreement, which, among other things, provided for the development of a plaza adjacent to the MP headquarters building to the west of Lake Avenue, depicted in Exhibit A (the "Plaza"); and
WHEREAS, on April 27, 2020, the city council of the city of Duluth approved a First Amendment to the Lake Avenue Plaza Development Agreement ("First Amendment"), establishing cooperative parameters for continued use, improvement, and maintenance of the Plaza, and modifying certain rights and responsibilities set forth in the original Lake Avenue Plaza Development Agreement ("Original Agreement"); and
WHEREAS, the First Amendment includes Article VIII, Section A, and the Original Agreement includes Article VIII, which require City Council approval prior to any modifications of the Plaza, to include plans and specifications and a statement of proposed maintenance obligations for the proposed improvements and modifications; and
WHEREAS, on May 4, 2020, MP provided to the city of Duluth a letter and plans indicating an intent to modify the Plaza, attached hereto as Exhibit B (the "Modification Plans"); and
WHEREAS, the Modification Plans included a proposed design for the plaza, a timeline for its reconstruction, and a commitment by MP that MP would fund the proposed improvements and maintain the modified plaza consistent with the Original Agreement and the recently adopted First Amendment; and
WHEREAS, a design process for considering design options, potential plaza improvements, and potential plaza ameni...
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