Title
Resolution to Direct Re-Negotiation of Occupancy Agreement for University of Michigan Facilities within City Public Rights of Way
Body
Whereas, Representatives of the Public Services Service Area and of the City Attorney’s Office negotiated with representatives of the University of Michigan (“University”) and its Office of General Counsel a template for use as an occupancy agreement to allow the University to place University facilities on, under or over the City’s public rights of way for the purpose of serving one or more University structures;
Whereas, The negotiated language of the Occupancy Agreement was intended by the University to preserve for it its position that the Occupancy Agreement grants and must grant to it an interest in the real estate occupied by their facilities and covered by the Occupancy Agreement and was intended by the City to preserve for it its position that the City cannot grant and is not granting to the University an interest in real estate within City public rights of way but is granting the University rights in the nature of a license to use the public right of way for its facilities;
Whereas, Other entities that place facilities within City public rights of way do so under grants of license or pursuant to permits, each of which is for specified terms or for the life of a served structure and none of which grants or may be interpreted to grant the licensee or permittee any interest in real estate within City public rights of way; and
Whereas, The City Council believes the University should use or occupy City public rights of way for University facilities under the same or similar license agreements and permits that are used for, and under the same or similar terms and conditions that apply to, other entities that use or occupy City public rights of way for their facilities;
Whereas, The City Council does not believe the University should have or be able to claim any interest in real estate in City public rights of way u...
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