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City of San Leandro <br />Meeting Date: January 22, 2019 <br />Resolution - Council <br />Agenda Section:File Number:18-651 CONSENT CALENDAR <br />Agenda Number: <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Keith Cooke <br />Engineering & Transportation Director <br />FINANCE REVIEW:David Baum <br />Finance Director <br />TITLE:RESOLUTION of the City of San Leandro City Council to Approve a Public <br />Highway and Pedestrian At-Grade Crossing Agreement with Union Pacific <br />Railroad for Improvements to the Davis Street Rail Crossing of the Niles <br />Subdivision <br />WHEREAS, Chang Income Property Partnership LP, San Leandro Land Series (R1), a <br />Delaware Limited Partnership, entered into a Development Agreement with the City that governs <br />development of the San Leandro Tech Campus, recorded as Series No. 2014153467 on June <br />27, 2014, Alameda County official records (Development Agreement); and <br />WHEREAS, Paragraph 1.4.4.c of the Development Agreement obligates the property <br />owner to complete pedestrian safety improvements within the roadway and railroad rights-of-way <br />as part of Phase 2 office building construction; and <br />WHEREAS, SLTC, LLC (SLTC), a California limited liability company, is currently <br />developing the Phase 2 office building on behalf of the property owner, and has assumed <br />responsibility for implementation of required railroad crossing safety improvements; and <br />WHEREAS, SLTC deposited $1,336,932.50 in impact fee funds as payment for the City’s <br />Development Fee for Street Improvements (DFSI) and Marina/I-880 Traffic Impact Fee (TIF) into <br />an account governed by an Escrow Agreement between SLTC and the City dated February 9, <br />2017, as amended on August 7, 2018; and <br />WHEREAS, San Leandro Municipal Code Section 7-11-125 provides that a DFSI fee <br />credit may be disbursed from the escrow account “…for street construction costs where street <br />widening is required in excess of fourteen (14) feet. The credit shall be equal to the standard <br />qualities and cost, as determined in the sole and absolute discretion of the City Engineer, to <br />construct street improvements in excess of fourteen (14) feet”; and <br />Page 1 City of San Leandro Printed on 1/17/2019