Laserfiche WebLink
MTC/City of San Leandro <br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement <br /> Page 22 <br /> 6. That where RECIPIENT receives federal financial assistance in the form, or for the acquisition, of <br /> real property or an interest in real property, the Assurance shall extend to rights to space on, over, or <br /> under such property. <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 />