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Reso 2015-081
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Reso 2015-081
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4/27/2015 11:40:00 AM
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4/27/2015 11:39:59 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
4/20/2015
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8C Consent 2015 0420
(Reference)
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0420
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That the RM 2 phase or segment is fully funded, and results in an operable and useable <br /> segment; and <br /> That the City of San Leandro approves the updated Initial Project Report, attached to this <br /> resolution; and <br /> That the City of San Leandro approves the cash flow plan, attached to this resolution; 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 Initial <br /> 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 Code <br /> 30914(c); and <br /> That the City of San Leandro is authorized to submit an application for RM 2 funds for the <br /> 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 funds <br /> are requested is in compliance with the requirements of the California Environmental Quality Act <br /> (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report <br /> Guidelines (14 California Code of Regulations Section 15000 et seq.) and if relevant the National <br /> Environmental Policy Act(NEPA),42 USC Section 4-1 et. seq. and the applicable regulations <br /> thereunder; and <br /> That there is no legal impediment to the City of San Leandro making allocation requests for <br /> RM 2 funds; and <br /> That there is no pending or threatened litigation which might in any way adversely affect <br /> 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, liability, <br /> losses, damages, and expenses,whether direct or indirect(including any and all costs and expenses <br /> in connection therewith), incurred by reason of any act or failure to act of the City of San Leandro, <br /> its officers, employees or agents, or subcontractors or any of them in connection with its <br /> performance of services under this allocation of RM 2 funds. In addition to any other remedy <br /> authorized by law, so much of the funding due under this allocation of RM 2 funds as shall <br /> reasonably be considered necessary by MTC may be retained until disposition has been made of <br /> any claim for damages; and <br /> That the City of San Leandro shall, if any revenues or profits from any non-governmental <br /> use of property(or project)occur,that those revenues or profits be used exclusively for the public <br /> transportation services for which the project was initially approved, either for capital <br /> improvements or maintenance and operational costs, otherwise the MTC is entitled to a <br /> proportionate share equal to MTC's percentage participation in the project(s); and <br /> RESOLUTION NO.2015-081 2 <br />
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