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File Number: 13-461 <br />That there is no pending or threatened litigation which might in any way adversely <br />affect the proposed project , or the ability of the City of San Leandro to deliver such project; <br />and <br />That the City of San Leandro indemnifies and holds harmless MTC, its Commissioners, <br />representatives, agents, and employees from and against all claims, injury, suits, demands, <br />liability, losses, damages, and expenses, whether direct or indirect (including any and all costs <br />and expenses in connection therewith), incurred by reason of any act or failure to act of the <br />City of San Leandro, its officers, employees or agents, or subcontractors or any of them in <br />connection with its performance of services under this allocation of RM 2 funds. In addition to <br />any other remedy authorized by law, so much of the funding due under this allocation of RM 2 <br />funds as shall reasonably be considered necessary by MTC may be retained until disposition <br />has been made of any claim for damages, and <br />That the City of San Leandro shall, if any revenues or profits from any <br />non-governmental use of property (or project) occur, that those revenues or profits be used <br />exclusively for the public transportation services for which the project was initially approved, <br />either for capital improvements or maintenance and operational costs, otherwise the MTC is <br />entitled to a proportionate share equal to MTC’s percentage participation in the project (s); <br />and <br />That assets purchased with RM 2 funds including facilities and equipment shall be <br />used for the public transportation uses intended, and should said facilities and equipment <br />cease to be operated or maintained for their intended public transportation purposes for their <br />useful lives, that the MTC shall be entitled to a present day value refund or credit (at MTC’s <br />option) based on MTC’s share of the Fair Market Value of the said facilities and equipment at <br />the time the public transportation uses ceased, which shall be paid back to MTC in the same <br />proportion that RM2 funds were originally used; and <br />That the City of San Leandro shall post on both ends of the construction site(s) at least <br />two signs visible to the public stating that the Project is funded with RM 2 Toll Revenues; and <br />That the City of San Leandro authorizes its City Manager or his designee to execute <br />and submit an allocation request for the environmental and design phases with MTC for RM2 <br />funds in the amount of $40,000.00 for the project, purposes and amounts included in the <br />project application attached to this resolution; and <br />That the City Manager or his designee is hereby delegated the authority to make <br />non-substantive changes or minor amendments to the Initial Project Report as he deems <br />appropriate. <br />BE IT FURTHER RESOLVED: <br />That a copy of this resolution shall be transmitted to MTC. <br />Page 3 City of San Leandro Printed on 10/2/2013