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MTC/City of San Leandro <br />Bay Fair BART Transit Village Transit -Oriented Development Specific Plan <br />7. That RECIPIENT shall include the appropriate clauses set forth in Appendix C and D of this <br />Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and <br />similar agreements entered into by the RECIPIENT with other parties: <br />Appendix C; <br />(a) for the subsequent transfer of real property acquired or improved under the federal -aid <br />Program; and <br />Appendix D; <br />(b) for the construction or use of or access to space on, over, or under real property acquired, or <br />improved under the federal -aid Program. <br />8. That this assurance obligates RECIPIENT for the period during which federal financial assistance is <br />extended to the program, except where the federal financial assistance is to provide, or is in the form of, <br />personal property or real property or interest therein, or structures, or improvements thereon, in which <br />case the assurance obligates RECIPIENT or any transferee for the longer of the following periods: <br />(a) the period during which the property is used for a purpose for which the federal financial assistance <br />is extended, or for another purpose involving the provision of similar services or benefits; or <br />(b) the period during which RECIPIENT retains ownership or possession of the property. <br />9. That RECIPIENT shall provide for such methods of administration for the program as are found by <br />the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give <br />reasonable guarantee that RECIPIENT, other recipients, sub -grantees, applicants, sub -applicants, <br />transferees, successors in interest, and other participants of federal financial assistance under such <br />program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, <br />this Assurance and the Agreement. <br />10. That RECIPIENT agrees that the United States and the State of California have a right to seek <br />judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this <br />Assurance. <br />11. RECIPIENT shall not discriminate on the basis of race, religion, age, disability, color, national <br />origin or sex in the award and performance of any STATE assisted contract or in the administration on <br />its DBE Program or the requirements of 49 CFR Part 26. RECIPIENT shall take all necessary and <br />reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of <br />STATE assisted contracts. The California Department of Transportation Disadvantaged Business <br />Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in this <br />AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms <br />shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry <br />out the Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part <br />26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the <br />Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) <br />