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4) The assurance of the sponsor to complete the project as described in the application, and if <br />approved, as included in MTC's TIP; and <br />5) That the project will comply with all the project-specific requirements. <br />NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and <br />file an application for funding for the PROJECT under the Surface Transportation Program (STP) and <br />Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA, any extensions of <br />SAFETEA or any successor legislation for continued funding; and <br />BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does hereby <br />state that: <br />1. APPLICANT will provide $1,604,470 (>20%) in non-federal matching funds; and <br />2. APPLICANT understands that the STP/CMAQ funding for the project is fixed at the MTC <br />approved programmed amount, and that any cost increases must be funded by the <br />APPLICANT from other funds, and that APPLICANT does not expect any cost increases to <br />be funded with additional STP/CMAQ funding; and <br />3. APPLICANT understands the funding deadlines associated with these funds and will comply <br />with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC <br />Resolution No. 3606, as revised); and <br />4. PROJECT will be implemented as described in the complete application and in this resolution <br />and, if approved, for the amount programmed in the MTC federal TIP; and <br />5. APPLICANT and the PROJECT will comply with the requirements as set forth in the <br />program; and <br />BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded <br />projects; and <br />IT IS FURTHER RESOLVED that APPLICANT is authorized to submit an application for <br />STP/CMAQ funds for the PROJECT; and <br />BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making <br />applications for the funds; and <br />IT IS FURTHER RESOLVED that there is no pending or threatened litigation that might in any <br />way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; <br />and <br />BE IT FURTHER RESOLVED that APPLICANT authorizes City Manager or his designee to <br />execute and file an application with MTC for STP/CMAQ funding for the PROJECT as referenced in this <br />resolution; and <br />IT IS FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in <br />conjunction with the filing of the application; and <br />BE IT FURTHER RESOLVED that the MTC is requested to support the application for the <br />PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. <br />RESOLUTION NO. 2010-093 2 <br />