Title
Resolution to Approve Agreement between the City of Ann Arbor and the Regents of the University of Michigan for Right-of-Way Occupancy by Chilled Water Facilities within Tappan Street (8 Votes Required)
Memorandum
In March of 2011 the City and the University of Michigan reached agreement on an interim license agreement for the University to place chilled water facilities within Tappan Street to service Lorch Hall, located at 611 Tappan Street. The interim license agreement was drafted with the same terms and conditions that the City and University had been using for a period of years while they negotiated the terms and conditions of a long term agreement that could be used for all such installations. Thereafter, the City and University were able to finalize and reach agreement on the provisions of a long term occupancy agreement to be used both to supersede the interim agreements and for new installations in City rights-of-way.
The University has insisted that the occupancy agreement be processed as a document that grants it an interest in land, even if it doesn’t. The City does not believe that the occupancy agreement grants to the University any interest in land. As drafted, it grants to the University an interest in land only to the extent it grants the University, by its terms, an interest in land. Nevertheless, in accordance with the University’s request, but with agreeing that the agreement grants an interest in land, the document is being submitted to City Council for approval with a requirement of 8 votes as if it granted an interest in land.
The attached Agreement between the City of Ann Arbor and the Regents of the University of Michigan for Right-of-Way Occupancy by Chilled Water Facilities within Tappan Street is the first of these long term agreements to be presented to City Council for approval. Others will be brought to Council in the future. We have approximately 10 interim license agreements for which superseding long term occupan...
Click here for full text