HomeMy WebLinkAboutPW SMART Operations; Street Closure.4
N=1
� Agenda Item No: 4. a
1I Meeting Date: October 6, 2014
11111111ill �ilillill 1111111111111111111 111111111111
M��Niiiiiliiiiiji illilil 111rJ7r9T1W
Department: Public Works
Prepared by:
.4 Manager Approval
--ir"a
Director of Public Works
File No.: EP14487
A 1L9FM
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF n1E CM OF SAN RAY
ATrITIORIZING TM PARTIAL PERMANENT CLOSURE OF TAMALP
AVENUE FROM MISSION AVENUE TO APPROX1MATELY 90 FEET NORITH
MISSION AVENUE TO ACCOMMODATE SONOMA-MARIN AREA
TRANSIT (SMART) OPERATIONS. 4
RECOMMENDATION: Adopt the resolution authorizing the partial permanent closure of 90 feet of
Tamalpais Avenue north of Mission Avenue to accommodate SMART operational equipment
BACKGROUND: The Sonoma -Marin Area Rail Transit (SMART) system will begin operations in
2016. Obsolete crossing arms and equipment must be replaced with current equipment prior to that date.
Most of San Rafael's downtown crossing equipment will be replaced with new quad -gates and related
improvements, which are bigger than the existing obsolete components. SMART's current right of way
can accommodate this equipment in most instances. The exception is,SMART's narrow right of way at
the north side of Mission.
In early 2013, SMART approached the City requesting the use: of a section of Tamalpais, Avenue.
SMART' is proposing that the City close approximately 90 feet ofTarnalpais Avenue north of Mission
Avenue. This section of Tamalpais Avenue is a one-way road which allows access onto Mission Avenue.
Even with the proposed closure, access is maintained for property owners via Laurel Place (see Exhibit
4A').
The Federal Rail Administration (FRA) requires SMART to provide a specified safe distance from the
tracks along the rail corridor. Based on FRA requirements, the right of way for Tamalpais Avenue and
SMART's right of way are too narrow to accommodate the required safety equipment. SMART's
attempts to acquire additional right of way from adjacent property owners have been unsuccessful.
SMART is proposing to install four gates at the comer of Mission and Tamalpais Avenues. The
foundation for one of the gates targeted for this section of Tamalpais Avenue just north of Mission
Avenue would preclude future vehicle access. At our request, SMART hired GHD consultants to prepare
a technical memorandum regarding traffic and parking, impacts. The study noted "the exceptionally low
volume: of vehicles utilizing this section of roadway.
FOR CITY CLERK ONLY
Council Meeting:
Disposition:.,,,,,,,,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
A revocable license agreement will allow SMART to utilize this section of the roadway. In compliance
with Section 11.04.050.020 of the Municipal Code, the Department of Public Works notified property
owners in the area on September 9, 2014, of the proposed closure of this section of Tamalpais Avenue.
We have not received any correspondence regarding this closure at this time.
ANALYSIS: Staff has reviewed SMART's application in coordination with the Fire Department and the
Community Development Department. A Revocable License Agreement, the recommended mechanism
to allow this work to occur, enables the City to maintain control of the site and to make future
modifications as needed. Upon Council approval to close approximately 90 feet of this section of
roadway, Public Works will issue the Revocable License Agreement to SMART.
The Department of Public Works has examined this section of Tamalpais. Currently three properties take
access from this section of Tamalpais. Roadway width in this area is sufficient to allow two vehicles to
pass each other. The property at 704 Mission has driveway access to Mission Avenue and therefore does
not require additional access to this section of Tamalpais. General Plan 2020 defines this section of
Tamalpais is classified as a local street. The closure will include a small turnaround area should
emergency equipment need to access the area via Laurel Place.
This section of Tamalpais shall continue to be open to pedestrians but cannot accommodate vehicle
access from Mission Avenue. SMART will be required to remove all graffiti in this area.
Additionally, as proposed and recommended, the partial road closure and revocable license agreement
would be consistent with the following goals, policies and programs of the City's General Plan 2020:
a. Circulation Element Policy C4 (Safe Roadway Design) requires that the City design and
maintain roadways that are safe and convenient for motor vehicles, transit, bicycles and
pedestrians. As proposed, the partial closure of Tamalpais Avenue would eliminate a vehicle
traffic connection to Mission Avenue, but this closure would promote a safer area for pedestrians
and bicyclists using the local street network and accessing SMART.
b. The partial closure would be consistent with Circulation Element Program C4a (Street Pattern
and Traffic Flow) in that it would improve traffic flow and turning movements by directing the
limited local traffic north to Laurel Place where there are fewer traffic movement conflicts.
c. Circulation Element Policy C-8 requires that access be maintained for emergency services. As
proposed, the partial closure would not impair access for emergency services as the properties
served by that portion of the street can be safely accessed and served from other City streets, such
as Mission and Laurel Place. The cul-de-sac formed by the partial closure will also integrate a
hammerhead design to facilitate turn -around movement.
d. As proposed, the partial closure would be consistent with Infrastructure Element I-9 (Water
Supplies), 1=10 (Sewer Facilities) and I-11 (Improvements to Drainage Facilities) in that it would
not affect existing utility infrastructure or the ability to access these facilities for maintenance and
repair.
FISCAL IMPACT: Staff does not anticipate any cost to the City as a result of this action. All
improvements and maintenance costs will be borne by SMART. SMART will also indemnify the City of
all liability associated with their work in this area
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ACTION REQUIRED: Adopt the resolution authorizing the partial closure of Tamalpais Avenue from
Mission Avenue to approximately 90 feet north of Mission Avenue to accommodate SMART operations.
Enclosures: Resolution
License Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE PARTIAL PERMANENT CLOSURE OF TAMALPAIS AVENUE FROM MISSION
AVENUE TO APPROXIMATELY 90 FEET NORTH OF MISSION AVENUE TO
ACCOMMODATE SONOMA-MARIN AREA RAIL TRANSIT OPERATIONS
WHEREAS, in early 2023, Sonoma -Marin Area Rail Transit (SMART) approached the City
requesting a possible easement to design and locate exit gates (crossing gates) and related equipment at
the north end of the intersection of Mission Avenue and Tamalpais Avenue as part of its transit rail
corridor improvements; and
WHEREAS, one option is to close a portion of Tamalpais Avenue approximately 90 feet from
the intersection and provide this public ROW to accommodate SMART's crossing facilities; and
WHEREAS, another option is to keep this intersection open, thereby requiring SMART to
acquire private property at the northwest corner and shift the alignment of Tamalpais Avenue westward;
and
WHEREAS, upon staff review, the most feasible and recommended option is to provide partial
permanent closure of Tamalpais Avenue and to process an encroachment license agreement, rather than
granting an easement to SMART; and
WHEREAS, as proposed and recommended, the partial road closure and encroachment license
agreement would be consistent with the goals, policies and programs of the City's General Plan 2020;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby
approves and orders the partial closure of Tamalpais Avenue from Mission Avenue to approximately 90
feet north of Mission Avenue to accommodate SMART operations.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City
on the 6th day of October, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE ,City Clerk
Q)
a a)
Q
O c
V O
CL) .,,...
U
U
Q c zS
O �
OC N
�Q
Cu
O•—
Q ro
0 -2 -
E
H
Ell
'01
RECORDING REQUESTED, AND,
WHEN RECORDEDRRETURNTO:
ESTBER C. BEIRNE, City Clerk
City of San Rafael
P.O: Box 151560
San Rafael, CA 94915-1560
Assessor's Parcel No. 011-185-19
CITY OF SAN RAFAEL—
REVOCABLE
f
REVOCABLE LICENSEfAGREEMENTNO. R , A.1.4-487
(FOR USE OF PUBLIC RIGHT-OF-WAY)
THIS REVOCABLE LICENSE AGREEMENT is entered into as of the 6th day of
October. 2014, by and between the CITY OF SAN RAFAEL, a charter city duly aincorporated
under the laws of the State of California (hereinafter referred to as "CITY"}, and Sonoma Marin
Area Rail Transit District (SMART}w(hereina#ter referred to. ,as "LICENSEE"), with reference to
the following:
WHEREAS, CITY is the owner of certain public: right-of-way, described, as follows:
Tamalpais Avenue shown Recorded Ma.. we are researching where it sa s that we own this,
fhi; 1111-1111-11
roadway) on file with the City of San Rafael Public Works Department (hereinafter "the
PREMISES"; and
WHEREAS, LICENSEE is the owner of the private' real property -commonly known as:
Address: SMMtT Rail Property;
Assessor's Parcel No: 011-185-119;
which property is situate&directly adjacent to the PREMISES; and
WHEREAS, ,pursuant to the, provisions .,of San Rafael, Municipal, Code Section
11.04.0509 LICENSEE has applied for and desires to obtain from CITY a license for the purpose
of constructing, placing, maintaining, operating or otherwise using the following ,major
continuing encroachment in, on or over the PRENESES.-,,"InstaRation and maintenance of rail
crossing and siggal equipment at the north west comer of Mssion Avenue and Tamalpais
Avenue _including utilities mfor_ a the xw. o . enation of rail a ui Ment?'(hereinafter the
"ENCROACHMENT"); and
WHEREAS, CITY SDIRECTOR, OF PUBLIC WORKS
(hereinafter, "DIRECTOR")
has found that LICENSEE'S application is complete„true and correct; and
CITY OF SAN RAFAEL REVOCABLE LICENSENUMBER RLA 14-487 Page 1
WHEREAS, DIRECTOR has found that the proposed ENCROACHMENT conforms to
the design and location standards for above -ground facilities adopied by resolution of the City
Council of CITY; and
WHEREAS, LICENSEE alleges, and DIRECTOR finds, that the ENCROACHMENT
will incidentally be of benefit to or serve the interests of the CITY and/or its residents generally,
in that: the encroachment will provide additional sgfq1y devices to improve the safely aspects for
vehicles and motorist at the corner of 'ssiori Avenue and Tamalpais,,Ayehu6s and
WHEREAS, the DIRECTOR has found that with the conditions imposed in this
agreement, the ENCROACHMENT shall not be detrimental to the public health, safety and
welfare.
NOW, THEREFORE, the parties agree as follows:
I . Grant of LICENSE.
In consideration of the benefit to the CITY and/ or- its residents generally, as described
above, CITY grants to LICENSEE a non-exclusive LICENSE (hereinafter "LICENSE") for the
limited purposes described herein and for no other purpose. This LICENSE is granted as to the
PREMISES, which is a portion of the public right-of-way owned by CITY, as described in
Exhibit "A" attached hereto and incorporated herein by this reference.
2. Term of LICENSE; Personal to LICENSEE.
A. The Term of this License is as follow (Check One):
[ ] This LICENSE shall terminate on
�X ] This LICENSE shall be of indeterminate duration.
S. LICENSEE understands, acknowledges and agrees that the grant of this LICENSE
does not convey any interest in real property, and that the LICENSE is -personal to the
LICENSEE. Should title to LICENSEE'S property adjacent to the PREMISES, or the
ENCROACHMENT thereon, be sold or otherwise transferred to a different ownership, this
LICENSE shall terminate. The new title holder shall be required to execute a new Revocable
License Agreement within thirty (30) days following the transfer of title, or, upon direction from
the DIRECTOR, shall remove theENCROACHlv1>3E NT from the PREMISES.
3. Purpose of LICENSE.
CITY grants LICENSE to LICENSEE for the limited purpose of constructing, placing,
maintaining, operating or otherwise using the ENCROACHMENT in, on, or over the
PREMISES. LICENSEE understands,, acknowledges and agrees that its LICENSE to use
PREMISES is for this sole purpose and for no other purpose. LICENSEE'S use of PREMISES
for any other purpose shall automatically terminate this LICENSE.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 1"87 Page 2
4. , LICENSE Non-Excl,usive,.
CITY grants this LICENSE subject to any and all licenses, leases, easements, conditions,
,restrictions, covenants,- encumbrances, liens,and claims of title which may affect PREMISES as
of the effective date of LICENSE. CITY reserves the right to use PREMISES in any manner,
provided that such use does not unreasonably, interfere with LICENSEE'S rights granted herein.
CITY agrees to, cooperate with LICENSEE in the exercise of CITY'S right to use PREMISES.
5. Conditions of LICENSE.
A- All facilities shall, bdJocated, constructed; overated, and maintained in The time,
place and manner that cause the least interference with the public's use of the public right -:of -
way, CITY'S management and use of the right-of-way, and the rights or reasonable convenience
,of property owners who adjoin the -public :right-of-way, all as approved by the DIRECTOR.
B. LICENSEE shall maintain all encroachments in a safe and clean manner.
C. LICENSEE shall promptly remove all graffiti' on any encroachment.
D. LICENSEE shall contact Underground Service Alert (USA) prior to commencing,
and as appropriate during, any permitted work.
,, E. Upon the request of any person who .hats contracted to perform work on a public
right-of-way, LICENSEE shall provide accurate detailed information -regarding the location of
his existing and proposed structures in the public right-of-way.
F. Such other reasonable conditions, including specific accessibility facilities and
accommodations, as may be deemed necessary by the DIRECTOR to protect the public health,
interest, safety and welfare, specifically: No Add nal conditions added.
6. Repair and Maintenance.
11 Aj LICENSEE shall exercise reasonable care in inspecting and maintaining the area
affected by ENCROACHMENT after completion of all construction or installation work, and
shall maintain. the PREMISES in good and safe condition, free from waste and in good -repair to
the reasonable satisfaction of CITY.'
B. LICENSEE shall immediately repair any damage or nuisance in any portion of the
public night-oPway resulting from the work donefunder this LICENSE or from the maintenance
,of the ENCROACE[MENT.,
C. In the event that the whole or any part,of the ENCROACHMENT on PREMISES
or any portion of the PREMISES are damaged or destroyed in any manner,, by, any, cause
'CITY'OF SAN RAFAEL REVOCABLELICENSENUMEBERRLA 14487 1, 1 Page 3
whatsoever, LICENSEE, at its sole cost and expense, shall repair, , replace, and restore
PREMISES to satisfaction of CITY.
D. LICENSEE shall bear the full and complete cost of repair and restoration under
this section. In the event that LICENSEE Ws to act promptly or should the exigencies of the
damage require repairs or replacement to be made before LICENSEE can be notified by the
DIRECTOR or can respond -to notification, CITY may at its option make the necessary repairs or
replacements or perform the necessary work and LICENSEE shall be charged with all the
expenses incurred in the performance of the work.
7. Termination, Suspension, or Revocation of LICENSE• Relocation of Encroachment•
Restoration of PRE,NUSES.
A. Termination by LICENSEE. LICENSEE may terminate this LICENSE at will and
without cause upon submitting a written request to terminate, in a form acceptable to CITY.
B. Suspension or Revocation by CITY. The LICENSE may be suspended or revoked
by the DIRECTOR where he finds that:
1 ) LICENSEE has violated any provision of this LICENSE or any applicable
law; or
2) , LICENSEE has failed to pay any required fees, or to post or maintain any
bond or insurance required by this chapter; or
3) The ENCROACHMENT adversely affects the safety, capacity or integrity
of CITY'S right-of-way or increases CITY'S liability exposure; or
4) The ENCROACHMENTis causing CITY to incur substantial additional
maintenance costs; or
5) Material misrepresentations, omissions or inaccuracies were made in the
application for the LICENSE.
The DIRECTOR shall give LICENSEE at least ten (10) days" written notice of a
hearing before CITY'S City Manager or his designee on the suspension or revocation of the
LICENSE. The hearing shall be held within thirty (30) days after service of written notice of the
hearing or at such later time as may be agreed to by LICENSEE. The decision of the City
Manager or his designee shall be final.
C. Relocation. If any future construction, reconstruction or maintenance work is
required or requested by the City in the public right-of-way that necessitates the relocation,
removal or abandonment of the ENCROACHMENT, LICENSEE shall relocate, remove or
abandon the ENCROACHMENT, at the LICENSEE'S sole expense. When relocation or removal
is required or requested, the DIRECTOR shall make written demand of LICENSEE that the
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14487 Page 4
ENCROACHMENT be relocated within the right-of-way to a satisfactory location provided by
the DIRECTOR, or ;removed, :and shall 1 designate a reasonable time fors ,such relocation or
removal. In determining what is a reasonable time under, this section, the DIRECTOR shall take
into consideration the nature of the ENCROACHMENT, the, urgency, of the need for its removal,
the cosh of its removal, the difficulty of its removal,; the value of,the ENCROACHMENT to the
owner, and other facts �peculiar to the particular situation. If LICENSEE fails, to comply; with
such instructions, CITY may relocate the ENCROACHMENT at the sole expense of LICENSEE.
If requested by LICENSEE within ten (10) days of the, date of the DIRECTOR'S
written demand; to relocate or remove, LICENSEE may request a, hearing before CITY'S City
Manager or his designee on the relocation of the ENCROACHIYIENT. The DIRECTOR shall
give LICENSEE at least ten (10) days' written notice of any, scheduled hearing, and such hearing
shall, be held within thirty (30) days after service of written notice of the hearing or at such later
time as may be agreed to, by LICENSEE. The decision of the City Manager or his designee shall
be final.
D. Restoration. , In the event of termination of this J ICENSE by any party, or in the
event relocation of the ENCROACHN ENT is required, LICENSEE, at its sole cost and expense,
shall immediately commence and diligently pursue removal of the ENCROACHMENT from
PREMISES, shall restore PREMISES to their original condition to the satisfaction of CITY and
shall completesuch removal and, cease -;all use of PREMISES ,within thirty C30) days of the
Notice..,
8. Assumption ofRisk.;
LICENSEE shall assume all risk of damage or injury to, its property, to itself, its agents,
its employees and to any persons or property under LICENSEE'S control or custody, or any
persons or property under the control or custody of its employees or agents, while upon or near
PREMISES, or, incident to LICENSEE'S use of°PREMISES.. 1 11 11 1 11 1 1 1
9. Indemnity.
LICENSEE hereby agrees:
A. To the maximum extent permitted by law, to indemnify, defend and hold harmless
CITY, its °officials; agents, ,employees and i volunteers against any and all liabilities, losses,
claims, actions, causes of -action or, demands whatsoever against any, of them, including any
injury to'or death of any person or damage to property or, other liability of any nature, including
but not limited to attorney's and expertfees and court. costs, arising out of or connected- witkthe
installation, operation and maintenance of any facilities in, or the use of any public right-of-way
by, LICENSEE or LICENSEE'S employees, officers,, officials, agents, transferees, contractors or
subcontractors pursuant to ,the permit issued pursuant: to this; application; provided, that the
obligation to indemnify CITY hereunder shall not apply to any liabilities, Iosses, claims, actions,
causes of action or demands arising from CITY'S sole negligence, willful misconduct or criminal
acts.
Crr.Y OF SAN RAFAEL REVOCABLEUCENSE NUMBER RLA 14=487 Page 5
B. To the maximum extent permitted by law, to defend, indemnify, release and hold
harmless CITY; its agents, officers, attorneys, employees, boards and commissions from any
claim, action or proceeding brought against any of ' the foregoing individuals or entities
("indemnitees"), thepurpose of which is to attack, set aside' void or annul the approval of this
LICENSE, or the adoption of any environmental document which accompanies CITY'S approval
of this LICENSE. '
C. In the event that any claim, action or proceeding as described above is brought,
CITY shall promptly notify LICENSEE of any such claim, action or proceeding, and CITY will
cooperate fully in'the defense of such claim, action, or proceeding. In the event LICENSEE is
required to defend CITY in connection with any said claim, action or proceeding, CITY shall
retain the righuto approve any and all settlements affecting the validity or interpretation of a
CITY ordinance or regulation, which approval shall not be unreasonably withheld. Nothing
herein shall prohibit CITY from participating in the defense of any claim, action or proceeding,
provided that if CITY chooses to have counsel of its own to defend any claim, action or
proceeding where LICENSEE already has retained counsel to defend CITY in such matters, the
fees and the expenses of the counsel selected by CITY shall be paid by.CITY.
10. ' Insurance.
LICENSEE shall provide CITY with satisfactory evidence, in the form of a Certificate of
Insurance, that LICENSEE is insured in accordance with the following terms and conditions.
Such insurance shall remain in effect throughout the term of this LICENSE and failure to
maintain the required insurance shall automatically terminate this LICENSE.
A. Liability Insurance.
LICENSEE shall; at its own cost and expense obtain, and maintain a
comprehensive general liability insurance policy in the minimum amount of one million
($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage.
B. Terms and Conditions of Insurance.
The insurance policy shall also include the following
1) The insurance company issuing such policy shall issue an
endorsement stating that the CITY is recognized as having an additional interest under the policy,
requiring that the CITY be given written notice of, any material alteration, or reduction . in
aggregate limits, if such limits apply, and provide at least ten (10) days' notice of cancellation.
2) The insurance company providing the insurance required in this
section shall be an insurer admitted to do business in California.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14.487 Page 6
11. ConlDliance with Laws.
In addition to any other provisions of this LICENSE, this LICENSE is subject to, and
LICENSEE shall comply with all applicable provisions of San Rafael Municipal Code Chapter
11.04 concerning Major Continuing Encroachments. LICENSEE shall comply, at LICENSEE'S
sole expense, with all other applicable laws, ,regulations„ rules, ,and orders with respect to the use
of PREMISES, regardless of when they become or became effective, including, without
limitation,, those relating to construction, grading, signage, health, safety, accessibility, noise,
environmental protection',: hazardous materials, , waste disposal, ; and water and air quality, and
ry s P p q. o
furnish satisfactory evidence of such compliance upon request of CITY. LICENSEE shall also
obtain, at LICENSEE's sole expense, any and all CITY permits required for, its use of
PREMISES as permitted under this LICENSE.
12. Notices.
All notices required or permitted to be given under this LICENSE shall bein writing and
mailed postage prepaid, or by personal delivery or by overnight courier, to the appropriate
address indicated below or .at such other place or places as either CITY, or LICENSEE may, from
time to time, respectively, designate in a written notice .given to the,other. Notices shall be
deemed sufficiently served four (4) days after the date of mailing by certified or registered mail,
one (1) day after mailing by overnight courier, or upon personal, delivery.
To CITY:, Director of Public Warks
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Fax: 415-485-3334
To LICENSEE: Sonoma Marin Area Rail Transit District
District Director
5401 O1d,Redwood,Highway, Suite 200
Petaluma, CA 94954
13. Successors and Assigns.
CITY'S grant of this LICENSE to LICENSEE is the grant of a personal right to the use of
the PREMISES. LICENSEE shall not assign nor sublet, in whole or in part, any rights granted
by this LICENSE, or permit any other person, firm, entity, or corporation to use, in whole or in
part, any of the rights or privileges granted pursuant to this LICENSE. Should title to
LICENSEE'S property adjacent to the PREMISES, or the ENCROACHMENT thereon, be sold
or otherwise transferred to a different ownership, this LICENSE shall terminate. LICENSEE
shall notify the DIRECTOR prior to such transfer of title and shall disclose to the terms of this
LICENSE to the transferee. The new title holder shall be required to execute a new Revocable
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER„RLA 14-487 Page 7
WN -1 74 "A
IIt
14. No Waiver.
No waiver of any default or breach of any covenant of this LICENSE by either party shall
be implied from any omission by either party to take action on account of such default if such
default persists or is repeated, and no express waiver shall affect Any default other than the
default specified in the waiver, and then the waiver shall be operative only for the time and to the
extent stated. Waivers of any covenant term, or condition by either party shall not be construed
as a waiver of any subsequent breach of the same covenant term, or condition. The consent or
approval by either party to or of any act by either party requiring further consent or approval
shall not be deemed to waive or reader unnecessary their consent or approval to or of any
subsequent similar acts.
15. Severability:
Each provision of this LICENSE is intended to be severable. If any term or provision
shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason
whatsoever, such provision shall be severed from this LICENSE and shall not affect the validity
of the remainder of this LICENSE.
16, Attorney's Fees.
If any legal proceeding should be instituted by either of the parties to enforce the terms of
this LICENSE or to determine the rights of the parties under this LICENSE, the prevailing party
in the proceeding shall receive, in addition to all court costs, reasonable attorney's fees.
17. Condition to, Effectiveness.
As a condition precedent to the effectiveness of this Agreement and LICENSE,
LICENSEE shall provided CITY 1) satisfactory proof of insurance by way of a Certificate of
Insurance and 2) actual endorsements to the 'insurance policies as specified in section 10 herein,
18. Govemina Law.
The rights and liability of the parties under this Agreement and LICENSE shall be
interpreted in accordance with the laws of the State of California.
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14487 Page 8
19. Intearation.
This LICENSE constitutes the complete expression of the agreement between the parties
and supersedes any prior agreements, whether written or oral, concerning the subject of this
LICENSE, which are not fully expressed herein. Any modification of or addition to this
LICENSE must be in writing signed by both parties.
WHEREFORE, the parties have signified their agreement by entering their signatures
below.
CITY OF SAN RAFAEL
Nader Mansourian, Public Works Director
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
LICENSEE
District Director
CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER RLA 14487 Page 9
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONJR69j, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRCC AGENDA ITEM NO. q ,
DATE OF MEETING: October 6, 2014
FROM: Nader Mansourian
DEPARTMENT: Public Works FILE NO.: EP14-417
DATE: September 1 a, 2014
TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSAN RAFAEL
AUTHORIZJNG THE PARTIAL PERMANENT CLOSURE OF TAMALPAIS AVENUE FROM MISSION
AVENUE TO APPROXIMATELY 90 FEET NORTH OF MISSION AVENUE TO ACCOMMODATE
SONOMA-IARIN AREA RAIL TRANSIT (SMART) OPERATIONS
e
Department Mead (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM: I°
1011 "d� - , , - r, �,,, �) L -, �', .............
I LAA� a
City Manager (signature) City Attomey (sgnatur
0 ,...0 9
1 #M13V