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File Number: 18-070 <br />The Crossing Agreement with Union Pacific obligates the City to pay $589,460 for easements <br />and rail improvements, subject to adjustment for actual costs once work is complete. This amount <br />includes $56,000 for easements (or $25.62 per square foot) plus $533,460 in improvement <br />costs. <br />To fund the City’s obligation under the Crossing Agreement, the City will rely on funds deposited <br />into an escrow account by SLTC where the Development Fee for Street Improvements (DFSI) for <br />Phases 1 and 2 have been paid. The funds are governed by an Escrow Agreement between the <br />City and SLTC dated February 9, 2017. <br />The current escrow account balance is $1,336,932.50 not including accrued interest. In addition <br />to paying Union Pacific for their costs, the escrow agreement will also be used to disburse fee <br />credits for eligible street improvements performed by SLTC. The fee credit payment will be in <br />conformance with San Leandro Municipal Code Section 7-11-125 which provides: <br />“A credit may be given for street construction costs where street widening is required in <br />excess of fourteen (14) feet. The credit shall be equal to the standard qualities and cost, <br />as determined in the sole and absolute discretion of the City Engineer, to construct street <br />improvements in excess of fourteen (14) feet.” <br />Escrow account disbursements are expected as follows: <br />Current escrow account balance (not including accrued interest):$1,336,932.50 <br />Payment to Union Pacific per Crossing Agreement:<$589,460> <br />Estimated disbursement to SLTC for fee credits:<$156,180> <br />Escrow Account balance after disbursements:$591,292.50 <br />SLTC is also obligated by the Development Agreement to upgrade the Davis Street rail crossing <br />of the Niles Subdivision. These upgrades will be subject to a future agreement with Union Pacific <br />with an estimated cost of $450,000. Since the balance remaining in the escrow account exceeds <br />this estimated cost, the City’s obligations to Union Pacific will be met. <br />Budget Authority <br />No City funds will be expended to pay for rail crossing improvements governed by the Crossing <br />Agreement with Union Pacific. Instead, funds will be disbursed from an account governed by the <br />Escrow Agreement between the City and SLTC. <br />ATTACHMENT <br />Attachment to Staff Report <br />·California Public Utilities Commission General Order 88-B Request for Authority to Alter the <br />Alvarado Street At-Grade Highway-Rail Crossing, CPUC No. 001D-14.99 and DOT No. <br />912075T in the City of San Leandro, Alameda County dated September 26, 2017. <br />Attachment to Related Legislative Files <br />·Public Highway and Pedestrian At-Grade Crossing Agreement with Union Pacific <br />Page 4 City of San Leandro Printed on 7/10/2018