How to Access SamTrans Property

How do I determine what type of Agreement I need?

The following provides an overview of the typical types of access documents issued by SamTrans and a link to each standard form of agreement which you will be expected to sign if you wish to enter agency property.

A Lease Agreement is used to allow a third party to use Agency property on a long term basis. All Lease Agreements include a provision that the lessee must vacate the premises within 30 days if the agency requires the property for transportation purposes. The Lessee will be charged a monthly Rental Payment.

An Encroachment Permit is used to allow third parties access to agency owned property for a specific purpose when a lease is not appropriate. An Encroachment Permit would be appropriate to allow non-continuous occupancy. This is a short-form permit and is not appropriate for any construction activities, not even surveying or potholing.

A Right of Entry Permit Agreement is required to allow third party access to Agency property for a specified period of time to accomplish a specified activity, which generally involves construction work.

A License Agreement is issued to allow a permanent or semi-permanent facility to be constructed on Agency property. The License Agreement allows the facility to be initially constructed and then remain in place. (Depending on the situation, typically a Right of Entry Permit Agreement is required every subsequent time the licensee wishes to access the facility for construction and/or maintenance.)

A Possession and Use Agreement would be used when another agency requires formal access rights to meet state or federal right of way certification requirements.

What are the insurance requirements?

SamTrans requires $1 million per occurrence and $2 million aggregate General Liability insurance coverage.


Who issues the Agreements?

Agreements are issued through the Real Estate Department. Please contact Cassandra Clomon at 650-508-6304, or via email at clomonc@samtrans.com if you seek entry onto SamTrans property.

For access onto the Caltrain Right of Way, please follow this link.


What is the cost of a Permit?

The Permittee is typically charged a Processing Fee to cover SamTrans cost in reviewing the request and issuing a permit, as well as an Annual Fee for use of SamTrans’ land.

5/12/2011 - cox