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That the RM 2 phase or segment is fully funded, and results in an operable and useable segment; and That the City of San Leandro approves the updated Initial Project Report, attached to this resolution; and That the City of San Leandro approves the cash flow plan, attached to this resolution; and That the City of San Leandro reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the updated Initial Project Report, attached to this resolution; and That the City of San Leandro is an eligible sponsor of projects in the RM 2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c); and That the City of San Leandro is authorized to submit an application for RM 2 funds for the Downtown San Leandro BART Pedestrian and Bicycle Access Project in accordance with California Streets and Highways Code 30914(c); and That the City of San Leandro certifies that the projects and purposes for which RM 2 funds are requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Section 15000 et seq.) and if relevant the National Environmental Policy Act(NEPA),42 USC Section 4-1 et. seq. and the applicable regulations thereunder; and That there is no legal impediment to the City of San Leandro making allocation requests for RM 2 funds; and That there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City of San Leandro to deliver the project; and That the City of San Leandro indemnifies and holds harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims,injury, suits, demands, liability, losses, damages, and expenses,whether direct or indirect(including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of the City of San Leandro, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM 2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM 2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages; and That the City of San Leandro shall, if any revenues or profits from any non-governmental use of property(or project)occur,that those revenues or profits be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the MTC is entitled to a proportionate share equal to MTC's percentage participation in the project(s); and RESOLUTION NO.2015-081 2