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Home My WebLink About5C Private Use of Public Property Agreement with IntegraPRIO U \INNES�� 4646 Dakota Street SE Prior Lake. MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 18, 2011 AGENDA #: 5C PREPARED BY: LARRY POPPLER, ASSISTANT CITY ENGINEER PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE PRIVATE USE OF PUBLIC PROPERTY AGREEMENT WITH INTEGRA TELECOM DISCUSSION: Introduction The purpose of this agenda item is for the City Council to approve a Private Use of Public Property Agreement with Integra Telecom for cable and fiber optic ducts to be located on City Property. History The City of Prior Lake owns property southwest of the intersection of 150 Street and Highway 13, PID# 259310060. Current Circumstances The City staff and the City Attorney have drafted an agreement that has been approved and executed by Integra Telecom. The key elements of this agree- ment are as follows: 1) Integra Telecom is proposing to place buried copper telephone cable and two 1.25" fiber optic ducts on property owned by the City. 2) The cable burial will be five feet south of the north property line from Highway 13 going west approximately 440 feet. 3) Current City right of way at this location in not sufficient to accommodate In- tegra's new facilities. 4) Integra Telecom will bear all costs for the placement of the cable and restora- tion of the property. Integra understands that at some point in the future, the City may require Integra to relocate these facilities. The City's Capital Improvement Plan contemplates reconstruction of the 150 Street / Highway 13 intersection in 2015. The 150 Street footprint will shift slightly to the south with this construction. Integra Telecom is aware of this pro- posed project and acknowledges that their facilities may need to be relocated as a result. ISSUES: City Staff does not believe there are any issues with this agenda item. FINANCIAL All costs associated with the installation and restoration associated with the in- IMPACT: stalled buried cable and fiber optic duct will be borne by Integra Telecom. If the cable and duct require movement in the future, Integra Telecom will move the facilities at its expense. ALTERNATIVES: 1. Approve the Private Use of Public Property Agreement with Integra Telecom. 2. Table the Resolution for a specific reason. 3. Deny the Resolution. RECOMMENDED Alternative #1 MOTION: Reviewed by: Frank Boyles, City Manager io 4646 P�o U U Dakota Street SE 7 1� 1wXSSd1_t' Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION APPROVING A PRIVATE USE OF PUBLIC PROPERTY AGREEMENT WITH THE INTEGRA TELECOM Motion By: Second By: WHEREAS, The City of Prior Lake is the owner of property, located southwest of the intersection of M ser 150th Street and Highway 13, PID # 259310060; and WHEREAS, Integra Telecom is proposing to place buried copper telephone cable and two 1.25" fiber Erickson optic ducts on the property owned by the City; and WHEREAS, Current City right of way at this location in not sufficient to accommodate Integra's new Hedber facilities; and WHEREAS, Integra Telecom will bear all costs for the placement of the cable and fiber optic ducts and Keene restoration of the property; and WHEREAS, Integra Telecom understands that at some point in the future, the City may require Integra Souku to relocate these facilities; and WHEREAS, The City Council will permit Intergra Telecom to install the cable and fiber optic ducts on City property subject to a Private Use of Public Property Agreement which sets out the terms and conditions pertaining to the use of the City property. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are authorized to execute a Private Use of Public Property Agreement with Integra Telecom to allow for the installation of facilities on City owned property located south of 150th Street and west of Highway 13 and more fully described in the Agreement. PASSED AND ADOPTED THIS 2nd DAY OF MAY, 2011. YES NO Mys er M ser Erickson Erickson Hedberg Hedber Keene - Keeney - Soukup Souku Frank Boyles, City Manager AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Agreement is made this 13 14- day of APRs L , 20 ► ► , between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (the "City"), and 1NTE TELEr-om TERiCV L CRAW Path (the "Owner"). RECITALS A. The Owner is a Public Utility Company providing Broadband Services to residents of the City of Prior Lake B. The Owner is proposing to place and thereafter maintain a buried copper telephone cable and two 1.25" ducts to be used for fiber optic cables (the "Facilities) on property owned by the City, legally described as follows: Section 31 Township 115 Range 021 NE1 /4 NW1 /4 LYING NW OF HWY 13 (the "Property") C. The placement of the cable will be 5ft. south of the north property line from State Highway 13 going west 440 ft. D. The Owner will bear all costs associated with the placement of the cable and shall restore the Property that is disturbed to the satisfaction of the City at the Owner's sole expense. O F PRIG "'n•�•cso�' AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. RECITALS. The Recitals set forth above are incorporated herein as if fully set forth. 2. PUBLIC PROPERTY. The Owner acknowledges that the Facilities are placed on Property that is owned by the City, and that the City at some date in the future may require Owner to relocate the Facilities at the Owner's sole expense. 3. FACILITIES. Subject to the City's right to terminate this Agreement as provided elsewhere in this Agreement, the Owner may place and thereafter maintain the Facilities as of the date of this Agreement for the remainder of the useful life of the Facilities. Notwithstanding anything to the contrary contained in this Agreement, the City may terminate this Agreement on sixty (60) days written notice to Owner (the "Termination Notice "). Within sixty (60) days of the date of the Termination Notice, the Owner shall remove or relocate the Facilities as is necessary to remove the encroachment and restore the Property to the satisfaction of the City. 4. MAINTENANCE. The Owner shall be allowed to perform maintenance of the Facilities as necessary at the Owner's expense. The Owner will be responsible for any restoration of the Property that is needed after maintenance. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the Owner's placement of the Facilities and use of the Property. 6. INSURANCE. Owner shall maintain a general liability insurance policy as required to perform work in a City Right of Way. 7. WAIVER OF CLAIMS. The Owner acknowledges City's ownership of the Property and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the Facility on the Property as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges this is a legal document and therefore Owner should consult with legal counsel in connection with this Agreement. Owner has read and understands the terms of this Agreement. 8. CONDITION OF ROAD. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Property or its suitability for the use permitted by this Agreement. 9. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Notwithstanding anything to the contrary contained in this Agreement, 2 the Owner and each successor owner of the Owner's Property shall be fully discharged and relieved of liability under this Agreement upon ceasing to own any interest in the Owner's Facilities; provided, however, that any obligations arising pursuant to Paragraph 4 of this Agreement shall not be discharged or released by the transfer of the Owner's or successor owner's, as the case may be, interest in the Owner's Facilities. 10. ENTIRE AGREEMENT. This Agreement represents the entire understanding between the parties and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. RECORDING, The Owner shall cause this Agreement to be filed for record within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. CITY OF PRIOR LAKE By Frank Boyles, City Manager O ER r 7, OF R, P/ STATE OF MINNESOTA) )ss COUNTY OF SCOTT } The foregoing instrument was acknowledged before me this day of , 20_, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ass COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 13 +k day of APKI z , 20 by T M$y L C.RROFoRD I D19 we.Top" I N e&KA TELE �1►.�.. �. , r.,. MARVIN BARLAGE N MINN ESOTA IC Uy00n bnftPWJ9n. 4 n + r y w t r _ n ", + -� J � 1 c . i ' e` �/' �� ::� .� a - ----- - t�: r ,�, �� • 9 _ s / � t `w ru ¢ f y7 v r` I i " A 1 r � x S . t �. If t r.• da'a �.. "