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File Number: 15-171 <br />follows: <br />That the City of San Leandro and its agents shall comply with the provisions of the <br />MTC’s RM 2 Policy Guidance (MTC Resolution No. 3636); and <br />That the City of San Leandro certifies that the project is consistent with the Regional <br />Transportation Plan (RTP); and <br />That the year of funding for any design, right-of-way and/or construction phases has <br />taken into consideration the time necessary to obtain environmental clearance and permitting <br />approval for the project; and <br />That the RM 2 phase or segment is fully funded, and results in an operable and <br />useable segment; and <br />That the City of San Leandro approves the updated Initial Project Report, attached to <br />this resolution; and <br />That the City of San Leandro approves the cash flow plan, attached to this resolution; <br />and <br />That the City of San Leandro reviewed the project needs and has adequate staffing <br />resources to deliver and complete the project within the schedule set forth in the updated <br />Initial Project Report, attached to this resolution; and <br />That the City of San Leandro is an eligible sponsor of projects in the RM 2 Regional <br />Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways <br />Code 30914(c); and <br />That the City of San Leandro is authorized to submit an application for RM 2 funds for <br />the Downtown San Leandro BART Pedestrian and Bicycle Access Project in accordance with <br />California Streets and Highways Code 30914(c); and <br />That the City of San Leandro certifies that the projects and purposes for which RM 2 <br />funds are requested is in compliance with the requirements of the California Environmental <br />Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental <br />Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if <br />relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the <br />applicable regulations thereunder; and <br />That there is no legal impediment to the City of San Leandro making allocation <br />requests for RM 2 funds; and <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 the project; 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 />Page 2 City of San Leandro Printed on 4/14/2015