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File #: 23-0892R    Name:
Type: Resolution Status: Passed
File created: 11/9/2023 In control: Planning and Economic Development
On agenda: 11/20/2023 Final action: 11/20/2023
Title: RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM ST. LUKE'S HOSPITAL OF DULUTH FOR THE PURPOSES OF ACCESSING, INSPECTING, OPERATING, MAINTAINING, REPAIRING, REPLACING, RECONSTRUCTING OR IMPROVING A HOT WATER EXTENSION AS PART OF THE REGIONAL EXCHANGE DISTRICT, AT NO COST TO THE CITY.
Attachments: 1. Exhibit 1-Resolution re easement
Title
RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM ST. LUKE'S HOSPITAL OF DULUTH FOR THE PURPOSES OF ACCESSING, INSPECTING, OPERATING, MAINTAINING, REPAIRING, REPLACING, RECONSTRUCTING OR IMPROVING A HOT WATER EXTENSION AS PART OF THE REGIONAL EXCHANGE DISTRICT, AT NO COST TO THE CITY.

Body
CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to accept, substantially in the form attached hereto as Exhibit 1, from St. Luke's Hospital of Duluth, a Minnesota nonprofit corporation, a permanent, non-exclusive easement for the purposes of accessing, inspecting, operating, maintaining, repairing, replacing, reconstructing, or improving a hot water extension, as further described in the attached Exhibit 1 in, under and through the real property legally described on Exhibit A to the attached Exhibit 1, at no cost to the City.

Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes the acceptance of a permanent easement from St. Luke's Hospital of Duluth ("St. Luke's") for the connection and operation of hot water service and related equipment to the City's thermal energy system. The easement is located within Building A of the St. Luke's Campus.

The construction of the hot water extension 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"). The City entered into a grant agreement with the Minnesota Department of Employment and Economic Development in order to receive funds authorized under the Legislation (the "Grant").

St. Luke's entered into a separate service agreement with the City's thermal energy system operator (Duluth Energy Systems) for the provision of hot water service; however, this easement is needed so that the equipment, including service lines, can be installed and ...

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