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MTC/City of San Leandro
<br />Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br />Page 27
<br />APPENDIX C TO ATTACHMENT E
<br />The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
<br />instruments entered into by RECIPIENT, pursuant to the provisions of Assurance 7(a) of Attachment E.
<br />The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
<br />representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
<br />covenant and agree (in the case of deeds and leases add `as covenant running with the land") that in the
<br />event facilities are constructed, maintained, or otherwise operated on the said property described in this
<br />(deed, license, lease, permit, etc.) for a purpose for which a U.S., Department of Transportation program
<br />or activity is extended or for another purpose involving the provision of similar services or benefits, the
<br />(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
<br />compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.
<br />Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -
<br />assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act
<br />of 1964, and as said Regulations may be amended.
<br />(Include in licenses, leases, permits, etc.)*
<br />That in the event of breach of any of the above nondiscrimination covenants, RECIPIENT shall have the
<br />right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities
<br />thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
<br />(Include in deeds)*
<br />That in the event of breach of any of the above nondiscrimination covenants, RECIPIENT shall have the
<br />right to re-enter said land and facilities thereon, and the above described lands and facilities shall
<br />thereupon revert to and vest in and become the absolute property of RECIPIENT and its assigns.
<br />*Reverter clause and related language to be used only when it is determined that such a clause is
<br />necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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