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WHEREAS, the City's funding obligation to Union Pacific has been transferred to <br />SLTC by way of the Development Agreement with Chang Income Property Partnership, with <br />funding available in the escrow account to pay Union Pacific, with any remaining fiends to be <br />paid to SLTC as DFSI fee credits; and <br />and <br />WHEREAS, the City Council is familiar with the contents of the Crossing Agreement; <br />WHEREAS, the City Manager recommends approval of said Crossing Agreement. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />That said Public Highway and Pedestrian At -Grade Crossing Agreement with Union <br />Pacific Railroad for Improvements to the Davis Street Rail Crossing of the Niles <br />Subdivision is hereby approved, and execution by the City Manager is hereby authorized; <br />and <br />That the City Manager shall use the authority granted by the Development Agreement <br />and Escrow Agreement to disburse funds to Union Pacific as payment pursuant to the <br />Crossing Agreement. <br />Introduced by Council Member Cox and passed and adopted this 22nd day of.january <br />2019, by the following vote: <br />Members of the Council: <br />AYES: Councilmembers Aguilar, Ballew, Cox, Hernandez, Lee, Lopez (6) <br />NOES: None (0) <br />EXCUSED: Mayor Cutter <br />ATTEST: <br />T,'�tijii I. Miguel, qty Clerk <br />RFSOLUTION NO. 2019-005 <br />