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File #: 23-0893R    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 AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST FROM ST. LUKE'S HOSPITAL OF DULUTH FOR CONNECTION TO THE CITY'S THERMAL ENERGY SYSTEM AS PART OF THE REGIONAL EXCHANGE DISTRICT.
Attachments: 1. Exhibit 1-Resolution re declaration
Title
RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST FROM ST. LUKE'S HOSPITAL OF DULUTH FOR CONNECTION TO THE CITY'S THERMAL ENERGY SYSTEM AS PART OF THE REGIONAL EXCHANGE DISTRICT.

Body
CITY PROPOSAL:
WHEREAS, Resolution No. 23-0892 accepted an easement from St. Luke's Hospital of Duluth, a Minnesota nonprofit corporation, for the purposes of accessing, inspecting, operating, maintaining, repairing, replacing, reconstructing, or improving a hot water extension in, under and through the real property legally described on Exhibit A to the attached Exhibit 1, at no cost to the City (the "Easement").
WHEREAS, construction of the hot water extension associated with the Easement 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 City entered into a General Fund Appropriation Bond Proceeds Master Grant Agreement Construction Grant for the Duluth Regional Exchange District Project on June 24, 2019, with the Minnesota Department of Employment and Economic Development in order to receive funds authorized under the Legislation (the "Grant").
WHEREAS, a condition of the Grant requires the execution and recordation of a Declaration against the real property improved with the Grant so that it is permanently managed and maintained consistent with the terms of the Grant.
NOW THEREFORE, BE IT RESOLVED, that the proper city officials are hereby authorized to execute a Declaration, substantially in the form attached as Exhibit 1 (the "Declaration"), affecting the real property located in St. Louis County, Minnesota legally described on Exhibit A attached to Exhibit 1.
FURTHER RESOLVED, that the proper city officials are hereby directed ...

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