Title
Authorizing the City to enter into the Overpass Agreement that includes temporary easement rights from BNSF Railroad for the Public Works Kellogg Third Street Bridge Project.
Body
WHEREAS, the City has requested access and the right to enter onto BNSF property, adjacent to the Kellogg Third Street Bridge project (the "Property"), for the purpose of demolishing the existing bridge and the construction of the new bridge (the "Project"); and
WHEREAS, BNSF is willing to allow the City access to the Property for the Project, subject to the terms and conditions of the Overpass Agreement attached hereto as Exhibit A ("Agreement"); and
WHEREAS, the Agreement contains an indemnification clause; now, therefore, be it
RESOLVED, that the proper City officials are hereby authorized to execute the Overpass Agreement between the City and BNSF Railroad, in a form and content substantially as set forth in Exhibit A and made a part hereof, a copy of which is on file in the Office of Financial Services Real Estate Section.