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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2019-005 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE A PUBLIC HIGHWAY AND PEDESTRIAN AT -GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD FOR IMPROVEMENTS TO THE DAVIS STREET RAIL CROSSING OF THE NILES SUBDIVISION WHEREAS, Chang Income Property Partnership LP, San Leandro Land Series (R1), a Delaware Limited Partnership, entered into a Development Agreement with the City that governs development of the San Leandro Tech Campus, recorded as Series No. 2014153467 on June 27, 2014, Alameda County official records (Development Agreement); and WHEREAS, Paragraph 1.4.4.c of the Development Agreement obligates the property owner to complete pedestrian safety improvements within the roadway and railroad rights-of- way as part of Phase 2 office building construction; and WHEREAS, SLTC, LLC (SLTC), a California limited liability company, is currently developing the Phase 2 office building on behalf of the property owner, and has assumed responsibility for implementation of required railroad crossing safety improvements; and WHEREAS, SLTC deposited $1,336,932.50 in impact fee funds as payment for the City's Development Fee for Street Improvements (DFSI) and Marina/I-880 Traffic Impact Fee (TIF) into an account governed by an Escrow Agreement between SLTC and the City dated February 9, 2017, as amended on August 7, 2018; and WHEREAS, San Leandro Municipal Code Section 7-11-125 provides that a DFSI fee credit may be disbursed from the escrow account "...for street construction costs where street widening is required in excess of fourteen (14) feet. The credit shall be equal to the standard qualities and cost, as determined in the sole and absolute discretion of the City Engineer, to construct street improvements in excess of fourteen (14) feet"; and WHEREAS, the California Public Utilities Commission issued General Order 88-13, Request for Authority to Alter the Davis Street At -Grade Highway -Rail Crossing, CPUC No. 001D-14.70 and DOT No. 749728V in the City of San Leandro, Alameda County, issued on September 25, 2017 (File Number XREQ 20170900034) for the Niles Subdivision at the Davis Street crossing; and WHEREAS, a Public Highway and Pedestrian At -Grade Crossing Agreement (Crossing Agreement) between the City of San Leandro and Union Pacific Railroad, a copy of which is attached hereto and incorporated herein by reference, was presented to this City Council; and WHEREAS, the Crossing Agreement obligates the City to fiord $381,506 in rail crossing 'easements and improvements to be implemented by Union Pacific; and