Title
Entering into license agreements between the City of Saint Paul and the BNSF Railway Company for fiber optic lines on BNSF property.
Body
WHEREAS, the City of Saint Paul is planning to install conduit and fiber-optic line crossing BNSF Railway Company (“BNSF”) railroad tracks at two locations along Lexington Parkway as part of the federally funded Arterial Corridor Management - Snelling and Lexington project; and
WHEREAS, the City and BNSF have prepared License Agreements ("Licenses") for the City's use of BNSF's property at two locations, attached hereto as Exhibits A and B; and
WHEREAS, the City has agreed to pay a total of Five Thousand Eight Hundred and Forty-Three dollars ($5,843) for said property rights, this being a fair and reasonable value as determined by an appraisal and negotiated and agreed upon between the City and BNSF; and
WHEREAS, the Real Estate Manager has recommended payment for said property rights at the agreed-upon value, plus other considerations as outlined in the Licenses; and
WHEREAS, said Licenses require the City and its contractors to indemnify and defend BNSF from any and all liabilities related to the City's use of BNSF property; and
WHEREAS, the City Council finds the promise of indemnification reasonable in order to obtain the right to place the fiber optic line on BNSF property; now, therefore, be it
RESOLVED, that the City Council hereby authorizes the proper city officials to execute said Licenses and pay BNSF the agreed upon value.