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NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT under the Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA, any extensions of SAFETEA or any successor legislation for continued funding ; and be it further further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT will provide ($81,300) in non - federal matching funds; and 2. APPLICANT understands that the STP /CMAQ funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional CMAQ funding; and 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, as revised); and 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 5. APPLICANT and the PROJECT will comply with the requirements as set forth in the program; and therefore be it further RESOLVED that APPLICANT is an eligible sponsor of CMAQ funded projects; and be it RESOLVED that APPLICANT is authorized to submit an application for CMAQ funds for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for CMAQ funding for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on September 21, 2010.