05-14-1997 Council Agenda - Laserfiche WebLink

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RIGHT -OF -WAY AGREEMENT THIS AGREEMENT, entered into as of the day of , 19 by and between BROOKS FIBER COMMUNICATIONS OF MINNESOTA, INC., hereinafter referred to as "Company," and the CITY OF LIi !"LE CANADA, MINNESOTA, a municipal corporation, located in the County of Ramsey, State of Minnesota, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the City is the owner of certain public right -of -way within its corporate limits; and WHEREAS, the Company desires to use certain public right -of -way of the City for the purpose of construction, operation, and maintenance of a fiber optic telecommunication system (the "facilities ") pursuant to the provisions of the laws of the State of Minnesota; and WHEREAS, the City finds such use to be in the public interest and is willing to enter into an agreement to allow the Company to use the Public right -of -way for such purposes. NOW, THEREFORE, in consideration of conditions set forth below, the Company and the City agree as follows: SECTION 1- DEFINITIONS For purposes of the Agreement, the following words and phrases shall have the meanings given herein: "Company"- Brooks Fiber Communications of Minnesota, Inc. "City"- the City of Little Catiaila, Minnesota "Facilities " - telephone and telecommunication lines, conduits, ducts, wires, cables, pipes, pipeline, poles, vaults, pedestals and appliances, either under or above ground. "Public improvement"- any existing or contemplated public facility, building, or capital improvement project, including without limitation streets, alleys, sidewalks, sewer, water, drainage, right -of -way improvement, and public projects. "Public project"- any project planned or undertaken by the City or any govemmental entity for construction, reconstruction, maintenance, or repair of public facilities or public improvements, or any other purpose of public nature. Page 41