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File #: 24-0275    Version: 1 Name: Jennings Ave Real Property License Agreement with SMART
Type: CC- Report Status: Agenda Ready
File created: 3/18/2024 In control: City Council
On agenda: 4/9/2024 Final action: 4/9/2024
Title: REPORT - JENNINGS AVENUE AT-GRADE BICYCLE AND PEDESTRIAN RAILROAD CROSSING REAL PROPERTY LICENSE AGREEMENT WITH THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT (SMART) BACKGROUND: The City received approval from the California Public Utilities Commission (CPUC) on September 20, 2016, through Decision 16-09-002, granting the City’s application for an at-grade bicycle and pedestrian crossing of SMART’s rail line at Jennings Avenue. Since that date, the City and SMART have been negotiating the terms and conditions required to achieve SMART’s approval to proceed with construction. In alignment with the City’s third request to the CPUC to extend the authorization period for construction of the at-grade crossing, SMART’s staff has insisted upon a license agreement to allow the City to proceed with construction that includes very one-sided, expansive language that would impose substantial liability on the City related to SMART’s negligent acts. The language in the proposed agreement requires th...
Sponsors: Public Works , City Manager
Indexes: Not a Project
Code sections: 15378 - Not a Project
Attachments: 1. Staff Report, 2. Attachment 1 - Real Property License proposed by SMART with redline changes to address typographical errors, 3. Attachment 2 – Alternative Real Property License Agreement, 4. Presentation, 5. Late Correspondence (Uploaded 04-09-2024), 6. Late Correspondence (Uploaded 04-11-2024)